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21-060.00 Hugh Spitzer: Excise Tax ConsultantContract No. 21-060 AGREEMENT FOR PROFESSIONAL SERVICES Hugh D. Spitzer THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Hugh D. Spitzer, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Attorney shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Attorney to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager, the City Attorney, or designee of either, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Either Party may terminate this Agreement for material breach after providing the other Party with at least Agreement for Professional Services (with professional liability coverage) Page 1 of 8 Contract No. 21-060 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate of $350 per hour as full compensation for everything done under this Agreement. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address or to the following email address: accountspayable(c spspokanevalley.org. A copy of each invoice shall be provided to the City Attorney. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: Hugh D. Spitzer Phone: (509) 720-5000 Phone: (206) 790-1996 Address: 10210 East Sprague Avenue Address: 5604 16' Ave NE Spokane Valley, WA 99206 Seattle, WA 98105 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Reuardine Debarment, Suspension, and Other Responsibility Matters — Prima Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses Agreement for Professional Services (with professional liability coverage) Page 2 of 8 Contract No. 21-060 enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $500,000 per accident. Agreement for Professional Services (with professional liability coverage) Page 3 of 8 Contract No. 21-060 2. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnfication and Hold Harmless. Consultant shall, at its sole expense, indemnify the City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, to the extent that Consultant is found responsible for such claims, liability and loss by the final determination of a court of competent jurisdiction. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no Agreement for Professional Services (with professional liability coverage) Page 4 of 8 Contract No. 21-060 way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City, upon order of a court of competent jurisdiction, or as otherwise required under the Rules of Professional Conduct governing lawyers in Washington State. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parries and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations: Consultant shall comply with the federal laws set forth in subsection G of this Section 21 ("Pertinent Non -Discrimination Authorities") relative to non- discrimination in federally -assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be amended from time - to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts Agreement for Professional Services (with professional liability coverage) Page 5 of 8 Contract No. 21-060 and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. withholding payments to Contractor under the Agreement until Consultant complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions: Consultant shall include the provisions of paragraphs one through six of this Section 21 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Agreement for Professional Services (with professional liability coverage) Page 6 of 8 Contract No. 21-060 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles Il and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 22. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: Agreement for Professional Services (%with professional liability coverage) Page 7 of 8 A. Scope of Services B. Insurance Certificates The Parties have executed this Agreement this CITY OF SPO V LLEY Mark tathoun, City Manager APPRO D AS TO FORM: a, 11-�) Office ofthe City Attorney Contract No. 21-060 day of 1 ,2021 Consultant: A/L, /), "-� y: Ylugh D. Spi r Its: Authorized Representative Agreement for Professional Services (with professional liability coverage) Page 8 of 8 EXHIBIT 1 - SCOPE OF WORK Consultant shall provide legal advice to City relating to the City of Spokane's efforts to impose a utility tax on Spokane County's wastewater reclamation facility located in the City of Spokane, and related matters. Any work to be performed shall be requested in writing by the City, or by oral request of the City Manager or City Attorney, confirmed in writing or by email. If additional specificity is needed by Consultant, it shall be requested in writing and provided by City. • Insurance., A liberty Mutual Company. NAMED INSURED: HUGH D SPITZER ANN C SCALES 5604 16TH AVE NE SEATTLE WA 98105-2521 POLICY NUMBER: H1802892 SAFECO INSURANCE COMPANY OF ILLINOIS AUTOMOBILE POLICY DECLARATIONS AGENT: BROWN & BROWN OF WA INC 800 5TH AVE STE 2400 SEATTLE WA 98104-3151 RENEWAL POLICY PERIOD FROM: AUG. 24 2020 TO: AUG. 24 2021 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: 1-866-472-3326 RATED DRIVERS HUGH D SPITZER, ANN C SCALES 2016 SUBARU FORESTER 2.5I LIMI 4 DOOR ID# JF2SJAHC3GH504971 LOSS PAYEE JPMORGAN CHASE BANK 2008 TOYOTA PRIUS 4 DOOR ID# JTDKB20U283349141 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. COMBINED SINGLE LIMIT: BODILY INJURY & $500,000 $ 427.00 $500,000 $ 427.00 PROPERTY DAMAGE Each Occurrence Each Occurrence LIABILITY PERSONAL INJURY *35,000 74.00 $35,000 74.00 PROTECTION (Incl. ADDL PIP) UNDERINSURED MOTORISTS: BODILY INJURY $500,000 152.10 *500,000 152.10 Each Person Each Person $500,000 $500,000 Each Accident Each Accident PROPERTY DAMAGE $25,000 14.30 *25,000 14.30 N Each Accident Each Accident DEDUCTIBLE: SEE YOUR POLICY SEE YOUR POLICY o COMPREHENSIVE Actual Cash Value 61.20 Actual Cash Value 56.90 o Less $500 Deductible Less $500 Deductible ao Full Safety Glass Full Safety Glass 0 0 COLLISION Actual Cash Value 229.60 Actual Cash Value 208.40 Less $500 Deductible Less $500 Deductible 0 0 ADDITIONAL COVERAGES: o C, LOSS OF USE $50 Per Day/$1000 Max 50.50 ---------- S50 Per Day/51000 Max 50.50 TOTAL $ 1,008.70 ---------- TOTAL $ 983.20 TOTAL EACH VEHICLE: 2016 SUBA $ 1,008.70 2008 TOYT 983.20 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES $ 11991.90 } DISCOUNTS & SAFECO SAFETY REWARDS You saved *834.00 Included TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. ---------- $ 11991.90 -CONTINUED- P 0 BOX 515097, LOS ANGELES, CA 90051 SA-1697/EP 9/90 G15 Page 1 of 2 DATE PREPARED: JULY 5 2020 AMENDATORY ENDORSEMENT It is agreed that the policy is amended as follows: DEFINITIONS Paragraph A. is replaced by the following: A. Throughout this policy, "you" and "your" refer to: 1. The "named insured" shown in the Declarations; 2. The spouse of the "named insured" if a resident of the same household; or 3. The civil partner of the "named insured" if a resident of the same household, by civil union licensed and certified by the state; or 4. The domestic partner of the "named insured", if a resident of the same household. PART A —LIABILITY COVERAGE LIMIT OF LIABILITY Paragraph C. is replaced by the following: C. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage, Part B and Part C of this policy. PART B —PERSONAL INJURY PROTECTION LIMIT OF LIABILITY The following is added: No one will be entitled to receive a duplicate payment under this coverage, Part A and Part C of this policy for any element of loss for which payment has been made by or on behalf of persons or organizations who may be legally responsible. ARBITRATION The Arbitration provision is deleted. « PART C — UNDERINSURED MOTORISTS COVERAGE — BODILY INJURY co co LIMIT OF LIABILITY co o Paragraph C. is replaced by the following: 0 o D. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage, Part o A and Part B of his policy. 0 o ARBITRATION Ln 0 The Arbitration provision is deleted. CD C. 0 PART F —GENERAL PROVISIONS Our Right to Recover Payment is replaced by the following: OUR RIGHT TO RECOVER PAYMENT Item A. is deleted and replaced by the following: ' A. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right to the extent of our payment. SA-2767/WAEP R1 8/19 Page 1 of 2 L4�, ALPS HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 PHONE: (800)367-2577 POLICY DECLARATIONS Lawyers Professional Liability Insurance Policy MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 NOTICE: THE POLICY IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST MADE AGAINST THE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE READ THE ENTIRE POLICY CAREFULLY. POLICY NUMBER: ALPS21089- 4 Item 1— Named Insured: Hugh D. Spitzer, Attorney at Law Address: 5604 16th Avenue N.E. Seattle, WA 98105 Item 2 — Retroactive Coverage Date: 1/1/2017 Item 3 — Name of Each Insured Attorney: Item 4 — Policy Period: Spitzer, Hugh D. Effective Date and Time: 1/1/2021 Expiration Date and Time: 1/1/2022 Item 5 — Limit of Liability: $1,000,000 Each Claim* $1,000,000 Aggregate Item 6 — Deductible: $7,500 Each Claim* Item 7—Annual Premium: $1,443 at 12:01 AM at the address stated in Item 1. at 12:01 AM at the address stated in Item 1. Item 8 — Endorsements attached at inception of the policy form LPL PREFERRED (01-18): Signature Page WA Amendatory First Dollar Defense Endorsement * Important Notice: All Claims that arise out of or in connection with the same Professional Services or Related Professional Services, whenever made and without regard to the number of Claims, claimants, or implicated Insureds, shall be treated as a single Claim. All current and previously submitted application forms delivered to the Company are made a part of the Policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Company. Countersigned by: Authorized Representative Date: October 23, 2020 ALPS DEC LPL (01-18) Page 1 of 1 Named Insured: Hugh D. Spitzer, Attorney at Law SIGNATURE PAGE Lawyers Professional Liability Insurance Policy Policy No. ALPS21089- 4 Effective Date: 1 1 2021 IN WITNESS WHEREOF, ALPS Property & Casualty Insurance Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Property & Casualty Insurance Company. [David A. Bell, President] [Bradley D. Dantic, Secretary] ALPS LPL SIG (01-18) Page 1 of 1 CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE DATE: December 20, 2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY LISTED BELOW. NAMED INSURED: CERTIFICATE HOLDER: Hugh D. Spitzer, Attorney at Law City of Spokane Valley 5604 16th Avenue N.E. 10210 E. Sprague Ave Seattle, WA 98105 Spokane Valley, WA 99206 IF THE DESCRIBED POLICY IS CANCELLED BEFORE ITS EXPIRATION DATE ALPS WILL ENDEAVOR TO MAIL TEN DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON ALPS, ITS AGENTS OR REPRESENTATIVES COVERAGES. THE POLICY OF INSURANCE LISTED BELOW HAS 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 POLICY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LOSS TYPE OF POLICY EFFECTIVE EXPIRATION INCLUSION LIMIT OF INSURANCE: NUMBER DATE DATE DATE LIABILITY LAWYERS PROFESSIONAL ALPS21089- 5 1/l/2022 1/l/2023 01/01/2017 EACH CLAIM $1,000,000 LIABILITY AGGREGATE $1,000,000 CLAIMS MADE DEDUCTIBLE: EACH CLAIM $ 7500 THE DEDUCTIBLE SHALL BE SUBTRACTED FROM THE CLAIM EXPENSE ALLOWANCE AND THEN THE TOTAL LIMIT OF LIABILITY RESULTING FROM EACH CLAIM REPORTED TO THE COMPANY DURING THE POLICY PERIOD, SUBJECT TO AN ANNUAL AGGREGATE DEDUCTIBLE EQUAL TO TWICE THE DEDUCTIBLE AMOUNT LISTED IN THE DECLARATIONS. ENDORSEMENTS LISTED ON THE DECLARATION AT INCEPTION: First Dollar Defense 5604 16th Avenue N.E. LAW OFFICE LOCATED: Seattle, WA 98105 ALPS b 1111y', . 1 ay y$yry!�p y� �py�w�� y �0. � pis ,g�M� (800)w�' 7-767 ' 1 A 06$ 2iv1�"` "113 4M'�lMrm (d'M'xW6) 28-741 AUTHORIZED REPRESENTATIVE ALPS PROPERTY & CASUALTY INSURANCE COMPANY ALPS LPL-CERT INS (01-18) CV- oh o REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS • �Insurance,. POLICY NUMBER: H1802892 A Liberty Mutual Company AUTOMOBILE POLICY DECLARATIONS NAMED INSURED: HUGH D SPITZER ANN C SCALES 5604 16TH AVE NE SEATTLE WA 98105-2521 AGENT: BROWN & BROWN OF WA INC 701 5TH AVE STE 550 SEATTLE WA 98104 RATED DRIVERS HUGH D SPITZER, ANN C SCALES RENEWAL POLICY PERIOD FROM: AUG. 24 2022 TO: AUG. 24 2023 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: 1-866-472-3326 2016 SUBARU FORESTER 2.5I LIMI 4 DOOR ID# JF2SJAHC3GH504971 LOSS PAYEE JPMORGAN CHASE BANK 2008 TOYOTA PRIUS 4 DOOR ID# JTDKB20U283349141 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. COVERAGES 2016 SUBA LIMITS I PREMIUMS 2008 TOYT LIMITS PREMIUMS COMBINED SINGLE LIMIT: BODILY INJURY & $500,000 $ 448.00 $500,000 $ 448.00 PROPERTY DAMAGE Each Occurrence Each Occurrence LIABILITY PERSONAL INJURY $35,000 74.00 PROTECTION (Intl. ADDL PIP) UNDERINSURED MOTORISTS: BODILY INJURY $500,000 174.50 Each Person $500,000 Each Accident PROPERTY DAMAGE $25,000 13.90 Each Accident DEDUCTIBLE: SEE YOUR POLICY COMPREHENSIVE Actual Cash Value 57.40 Less $500 Deductible Full Safety Glass COLLISION Actual Cash Value 233.30 Less $500 Deductible ADDITIONAL COVERAGES: LOSS OF USE $50 Per Day/$1000 Max 50.50 TOTAL $ 1,051.60 $35,000 74.00 $500,000 174.50 Each Person $500,000 Each Accident $25,000 13.90 Each Accident SEE YOUR POLICY Actual Cash Value 53.40 Less $500 Deductible Full Safety Glass Actual Cash Value 211.70 Less $500 Deductible $50 Per Day/$1000 Max 50.50 TOTAL $ 1,026.00 TOTAL EACH VEHICLE: 2016 SUBA $ 1,051.60 2008 TOYT 1,026.00 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES $ 2,077.60 DISCOUNTS & SAFECO SAFETY REWARDS You saved $878.10 Included ---------- TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. $ 2,077.60 -CONTINUED- SA-1697/EP 6/20 Page 1 of 2 DATE PREPARED: JULY 5 2022 "" REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS * " . * Insurance , POLICY NUMBER: H1802892 A Liberty Shiti al Company AUTOMOBILE POLICY DECLARATIONS (CONTINUED) You may pay your premium in full or in installments. There is no installment fee for the following billing plans: Full Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: $2.00 per installment for recurring automatic deduction (EFT) $5.00 per installment for recurring credit card or debit card $5.00 per installment for all other payment methods YOU SAVED $878.10 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS: Account Multi -Car Policy underwritten by SAFECO INSURANCE COMPANY OF ILLINOIS (a stock insurance company). Administrative office: 175 Berkeley St., Boston, MA 02116 Mailing Address: PO Box 704000, Salt Lake City, UT 84170-4000 SA-1698/EP 6/20 Page 2 of 2 CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE DATE: January 09, 2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY LISTED BELOW. NAMED INSURED: CERTIFICATE HOLDER: Hugh D. Spitzer, Attorney at Law Susan K. Bullock 5604 16th Avenue N.E. 10210 E Sprague Ave Seattle, WA 98105 Spokane Valley, WA 99206 IF THE DESCRIBED POLICY IS CANCELLED BEFORE ITS EXPIRATION DATE ALPS WILL ENDEAVOR TO MAIL TEN DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON ALPS, ITS AGENTS OR REPRESENTATIVES COVERAGES. THE POLICY OF INSURANCE LISTED BELOW HAS 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 POLICY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LOSS TYPE OF POLICY EFFECTIVE EXPIRATION INCLUSION LIMIT OF INSURANCE: NUMBER DATE DATE DATE LIABILITY LAWYERS PROFESSIONAL ALPS21089- 6 1/l/2023 1/l/2024 01/01/2017 EACH CLAIM $500,000 LIABILITY AGGREGATE $500,000 CLAIMS MADE DEDUCTIBLE: EACH CLAIM $ 7500 THE DEDUCTIBLE SHALL BE SUBTRACTED FROM THE CLAIM EXPENSE ALLOWANCE AND THEN THE TOTAL LIMIT OF LIABILITY RESULTING FROM EACH CLAIM REPORTED TO THE COMPANY DURING THE POLICY PERIOD, SUBJECT TO AN ANNUAL AGGREGATE DEDUCTIBLE EQUAL TO TWICE THE DEDUCTIBLE AMOUNT LISTED IN THE DECLARATIONS. ENDORSEMENTS LISTED ON THE DECLARATION AT INCEPTION: First Dollar Defense 5604 16th Avenue N.E. LAW OFFICE LOCATED: Seattle, WA 98105 P.O. Box 9169, Missoula, MT 598017-911619 (800) 367-2577 1 (406) 728-3113 1 Fax: (406) 728-7416 www.alpsinsurance.com AUTHORIZED REPRESENTATIVE ALPS PROPERTY & CASUALTY INSURANCE COMPANY ALPS LPL-CERT INS (0I-18) "" REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "" A /- 06 Rb'?ol= insurance-- POLICY NUMBER: H1802892 AUTOMOBILE POLICY DECLARATIONS NAMED INSURED: HUGH D SPITZER ANN C SCALES 5604 16TH AVE NE SEATTLE WA 98105-2521 AGENT: BROWN & BROWN OF WA INC 701 5TH AVE STE 550 SEATTLE WA 98104-7098 RATED DRIVERS HUGH D SPITZER, ANN C SCALES RENEWAL POLICY PERIOD FROM: AUG. 24 2023 TO: AUG. 24 2024 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: 1-866-472-3326 2016 SUBARU FORESTER 2.5I LIMI 4 DOOR ID# 3F2SJAHC3GH504971 LOSS PAYEE JPMORGAN CHASE BANK 2008 TOYOTA PRIUS 4 DOOR ID# JTDKB20U283349141 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. COVERAGES 2016 SUBA LIMITS I PREMIUMS 2008 TOYT LIMITS1 PREMIUMS COMBINED SINGLE LIMIT: BODILY INJURY & $500,000 $ 512.60 $500,000 $ 512.60 PROPERTY DAMAGE Each Occurrence Each Occurrence LIABILITY PERSONAL INJURY $35,000 64.70 PROTECTION (Intl. ADDL PIP) UNDERINSURED MOTORISTS: BODILY INJURY $500,000 199.50 Each Person $500,000 Each Accident PROPERTY DAMAGE $25,000 14.30 Each Accident DEDUCTIBLE: SEE YOUR POLICY COMPREHENSIVE Actual Cash Value 67.20 Less $500 Deductible Full Safety Glass COLLISION Actual Cash Value 297.90 Less $500 Deductible ADDITIONAL COVERAGES: LOSS OF USE $50 Per Day/$1000 Max 61.50 TOTAL $ 1,217.70 $35,000 64.70 $500,000 199.50 Each Person $500,000 Each Accident $25,000 14.30 Each Accident SEE YOUR POLICY Actual Cash Value 62.60 Less $500 Deductible Full Safety Glass Actual Cash Value 270.50 Less $500 Deductible $50 Per Day/$1000 Max 61.50 TOTAL $ 1,185.70 TOTAL EACH VEHICLE: 2016 SUBA $ 1,217.70 2008 TOYT 1,185.70 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES $ 2,403.40 DISCOUNTS & SAFECO SAFETY REWARDS You saved $1,012.10 Included ---------- TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. $ 2,403.40 -CONTINUED- SA-1697/EP 6/20 Page 1 of 2 DATE PREPARED: JULY 5 2023 "' REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS * ' Insurance- POLICY NUMBER: H1802892 A Hberty Mutual Company AUTOMOBILE POLICY DECLARATIONS (CONTINUED) You may pay your premium in full or in installments. There is no installment fee for the following billing plans: Full Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: $2.00 per installment for recurring automatic deduction (EFT) $5.00 per installment for recurring credit card or debit card $5.00 per installment for all other payment methods YOU SAVED $1,012.10 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS: Account Multi -Car Policy underwritten by SAFECO INSURANCE COMPANY OF ILLINOIS (a stock insurance company). Administrative office: 175 Berkeley St., Boston, MA 02116 Mailing Address: PO Box 704000, Salt Lake City, UT 84170-4000 SA-1698/EP 6/20 Page 2 of 2