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21-087.00 Kottkamp, Yedinak & Esworthy: Hearing Examiner Pro Tem Contract No. 21-087 AGREEMENT FOR PROFESSIONAL SERVICES Kottkamp,Yedinak&Esworthy,P.L.L.C. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Kottkamp, Yedinak & Esworthy, P.L.L.C., 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 Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, 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. Agreement for Professional Services(with professional liability coverage) Page 1 of 12 Contract No. 21-087 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. Either party may, in addition,terminate this Agreement for any reason. Consultant shall provide at least 60 days' written notice of such termination. City shall provide at least 10 days' written notice of such termination. 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 as full compensation for everything done under this Agreement, as set forth in Exhibit B. 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. 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:Andrew Kottkamp Phone:(509)720-5000 Phone:(509)667-8667 Address: 10210 East Sprague Avenue Address:435 Orondo Avenue Spokane Valley, WA 99206 Wenatchee,WA 98801 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 Regarding Debarment, Suspension, and Other Responsibility Matters — Primary 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; Agreement for Professional Services(with professional liability coverage) Page 2 of 12 Contract No. 21-087 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 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 drawings, plans, specifications,and other related 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, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies 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 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence Agreement for Professional Services(with professional liability coverage) Page 3 of 12 Contract No. 21-087 form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4.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$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence,and$2,000,000 general aggregate until December 31, 2021, at which time Consultant shall maintain commercial general liability insurance with limits no less than$2,000,000 each occurrence and$2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit until December 31, 2021, at which time Consultant shall maintain professional liability insurance with limits no less than $1,000,000 each claim and$2,000,000 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 Agreement for Professional Services(with professional liability coverage) Page 4 of 12 Contract No. 21-087 demand,or at the sole discretion of the City,offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. 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.Indemnification and Hold Harmless. A. Consultant indemnification. Consultant shall, at its sole expense, defend, indemnify, and hold harmless 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,subject only to the limitations provided below. B. City indemnification. The City agrees to defend, indemnify, and hold Consultant harmless 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 of the City,City's officers,agents,and employees. C. 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,Title 51, RCW, solely for the purpose of this indemnification. 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 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 Agreement for Professional Services(with professional liability coverage) Page 5 of 12 Contract No. 21-087 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 or upon order of a court of competent jurisdiction. 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 Parties 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 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. Agreement for Professional Services(with professional liability coverage) Page 6 of 12 Contract No. 21-087 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 or the WSDOT 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 or the WSDOT,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); 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); Agreement for Professional Services(with professional liability coverage) Page 7 of 12 Contract No. 21-087 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 II 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 Reeistration. 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: A. Scope of Services B.Fees C.Insurance Certificates Agreement for Professional Services(with professional liability coverage) Page 8 of 12 Contract No. 21-087 The Parties have executed this Agreement this 28'day of ,..7Z//v� 20 2/ CITY OF SPOKANE VALLEY Consulta . Fi-M Calhoun,City Manager By: Its: Authorized Representative APPRO D AS TO FORM: Office the City Attorney Agreement for Professional Services(with professional liability coverage) Page 9 of 12 Contract No. 21-087 EXHIBIT A—SCOPE OF SERVICES 1. Purpose. This Agreement is to provide a mechanism whereby the Consultant can act as the hearing examiner pro-tem to Spokane Valley to conduct administrative and quasi-judicial hearings. 2. Services. The Hearing Examiner will conduct all aspects of various types of public hearings for the City on an ad hoc basis as needed. The majority of hearings are for decisions on land use applications, including, but not limited to preliminary plats,conditional use permits,variances,appeals on State Environmental Policy Act (SEPA) determinations, planned residential developments, and other similar land use applications. The Hearing Examiner may be asked to conduct any appeals of administrative Code Enforcement violation and dangerous dog determinations. Lastly, the City may request that the Hearing Examiner conduct other types of hearings relating to television franchises or other quasi-judicial matters. The City anticipates the following scope of work for the Hearing Examiner: Hearing Examiner Services shall include all time spent by the Hearing Examiner in making site visits, preparing for and conducting public hearings or appeals, reviewing the record and applicable evidence, drafting written decisions and rulings, organizing and mailing decisions or recommendations to appropriate parties, drafting necessary correspondence, and conducting other duties pursuant to chapter 18.20 SVMC as adopted or amended. Hearing Examiner Services shall also include the time spent by the Hearing Examiner in meeting with City staff to discuss improvements to the City's Hearing Examiner system, if specifically requested by the City Manager or his/her designee, and reporting to and meeting with the City Council and/or Planning Commission as requested by City staff. The Hearing Examiner shall charge and retain the costs of preparing and certifying records and transcripts for appeals of City Hearing Examiner decisions from the appellant as provided by statute or SVMC. The Hearing Examiner may consult with City staff on any issue related to the performance of Hearing Examiner Services under the terms of the Agreement. Hearings shall be held in a location or locations and at such times as designated by the City. 3. Agreement Not Exclusive. The Consultant is hereby appointed as a hearing examiner pro-tem for Spokane Valley. This Agreement is not exclusive and Spokane Valley has and may designate other hearing examiners pro-tern to hear similar matters as authorized by local ordinance or resolution. 4. Decisions. The hearing examiner pro-tern shall comply with the requirements of federal, state and local law, relating to the matter being considered by the examiner, including the ordinances and resolutions of Spokane Valley. If there is no applicable time period under statute or local ordinance or resolution for issuance of the Hearing Examiner's decision, the Hearing Examiner shall exercise his best efforts to render a written decision with findings and conclusions within the time period required by law. If the Hearing Examiner's written decision is appealed, the Hearing Examiner shall review and certify the record from the hearing to the appropriate body after preparation of the record by Spokane Valley. 5. Administrative Support. Spokane Valley shall supply all necessary administrative support Agreement for Professional Services(with professional liability coverage) Page 10 of 12 Contract No. 21-087 services for the Hearing Examiner, such as hearing room, recording equipment,clerk, secretarial support, notifications and copies of applicable regulations, policies, and reports. If the Hearing Examiner uses his own secretary, for secretarial support, secretarial support time will be billed to Spokane Valley at the rate set forth in Exhibit B. Agreement for Professional Services(with professional liability coverage) Page 11 of 12 Contract No. 21-087 EXHIBIT B—FEES Billing shall occur on an hourly basis unless another method(such as per project)is agreed to in writing by both parties. 1. Each billing statement shall be set forth for each date services were performed: a. A brief summary of the services provided,including a reference to the specific matter;and b. The number of hours,or fractions of hours spent by each provider;and c. The hourly rates of each provider. If the Parties have agreed to a manner of payment other than hourly,the billing statement shall provide such information as necessary to allow the City to confirm the payment owed and services provided. 2. Expenses and disbursements shall be shown in detail: a. Air travel shall be approved by the City in advance and is reimbursable at coach rates(or equivalent);and b. The City shall not be charged for courier service or other expedited mail delivery,unless the urgency was caused or directed by the City;and c. Billings for experts or consultants retained by Hearing Examiner shall be provided in substantially similar format as outlined above. 3. Any changes in the fee schedules in this Exhibit shall be discussed with and subject to acceptance by the City prior to implementation. 4. Hearing Examiner has been retained because of its expertise. The City shall not be billed for any time spent in preparing or reviewing Hearing Examiner billings to the City or for internal quality control procedures. 5. Fee Schedule Andrew Kottkamp,Hearing Examiner-$200/hour;$125/hour for travel Agreement for Professional Services(with professional liability coverage) Page 12 of 12 A c o® CERTIFICATE OF LIABILITY INSURANCE DATE6/23/2DIYYYY) 06123/2021 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 CONTACT Greg Eastman NAME: Eastman Insurance Inc. (PAHONNo.Ext): (509)663-1112 FAX No): (509)663-5465 239 N Mission St E-MAIL greg@eastmanins.com ADDRESS: PO Box 3365 INSURER(S)AFFORDING COVERAGE NAIC 0 Wenatchee WA 98807 INSURER A: The Ohio Casualty Insurance Company 24074 INSURED INSURER B: Kottkamp&Yedinak PLLC INSURER C: 435 Orondo St INSURER D: INSURER E: Wenatchee WA 98801 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2162306749 REVISION NUMBER: 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. INSR ADDL SUB- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,DAMAGE T000 RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 2,000,000 MED EXP(Any one person) $ 15,000 A Y Y BZS56238985 09/06/2020 09/06/2021 PERSONAL BADV INJURY $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY nPROT- IES I LOC PRODUCTS-COMP/OPAGG $ 4,000,000 JEC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED x SCHEDULED Y BAS56238985 09/06/2020 09/06/2021 BODILY INJURY(Per accident) $ AUTOS ONLY /� AUTOS X HIRED / NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB - OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE pi N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as an additional insured regarding insured operations as per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Spokane ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Ave AUTHORIZED REPRESENTATIVE Spokane WA 99206 4 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE DATE: June 23, 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: Kottkamp,Yedinak&Esworthy,P.L.L.C. City of Spokane Valley 435 Orondo Avenue P.O.Box 1667 Wenatchee,WA 98801 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 ALPS 14680-10 9/5/2020 9/5/2021 09/05/2000 EACH CLAIM $1,000,000 LIABILITY AGGREGATE $2,000,000 CLAIMS MADE DEDUCTIBLE: EACH CLAIM $2500 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 Prior Acts Coverage Endorsement 435 Orondo Avenue LAW OFFICE LOCATED: P.O.Box 1667 Wenatchee,WA 98801 ALPS P.O.Box 9169,Missoula,MT 59807-9169 (800)367-2577 1(406)728-31131 Fax:(406)728.7416 WWw'°psnetCom AUTHORIZED REPRESENTATIVE ALPS PROPERTY&CASUALTY INSURANCE COMPANY ALPS LPL-CERT INS(01-18) 6/23/2021 KOTTKAMP&YEDINAK PLLC KOTTKAMP &YEDINAK PLLC Owner or tradesperson ANDREW KOTTKAMP PO BOX 1667 ............. Doing business as WENATCHEE,WA 98807-1667 KOTTKAMP&YEDINAK PLLC WA UBI No. Governing persons 602 062 502 ANDREW L KOTTKAMP NICHOLAS ALLEN YEDINAK; Certifications & Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training.Agent No active Washington registered apprentices exist for this business.Washington allows the use of apprentices registered with Oregon or Montana.Contact the Oregon Bureau of Labor&Industries or Montana Department of Labor &Industry to verify if this business has apprentices. Workers' Comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 999,245-00 Doing business as KOTTKAMP&YEDINAK PLLC Estimated workers reported Quarter 1 of Year 2021"4 to 6 Workers" L&I account contact T1/SARAH BURDICK(360)902-6113-Email:BSAD235@lni.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training—Effective July 1,2019 Needs to complete training. Contractor Strikes • No strikes have been issued against this contractor. Contractors not allowed to bid • No debarments have been issued against this contractor. Workplace Safety& Health • Check for any past safety and health violations found on jobsites this business was responsible for. No inspections during the previous 6 year period. https://secure.lni.wa.gov/verify/Detail.aspx?UBI=602062502&LIC=&SAW= 1/1 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/13/2021 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). CONTACT PRODUCER Tiffany Chapman NAME: FAX PHONE Eastman Insurance Inc.(509) 663-1112(509) 663-5465 (A/C, No): (A/C, No, Ext): E-MAIL 239 N Mission Sttiffany@eastmanins.com ADDRESS: PO Box 3365 INSURER(S) AFFORDING COVERAGENAIC # WenatcheeWA98807The Ohio Casualty Insurance Company24074 INSURER A : INSURED INSURER B : Kottkamp & Yedinak PLLC INSURER C : 435 Orondo St INSURER D : INSURER E : WenatcheeWA98801 INSURER F : CL2181306916 COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY 2,000,000 EACH OCCURRENCE$ DAMAGE TO RENTED 2,000,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) 15,000 MED EXP (Any one person)$ AYBZS5623898509/06/202109/06/20224,000,000 PERSONAL & ADV INJURY$ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 4,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1,000,000 $ (Ea accident) ANY AUTOBODILY INJURY (Per person)$ OWNEDSCHEDULED AYBAS5623898509/06/202109/06/2022 BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUREACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADEAGGREGATE$ DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is listed as an additional insured regarding insured operations as per written contract. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 10210 East Sprague Ave AUTHORIZED REPRESENTATIVE Spokane ValleyWA99206 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/30/2022 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). CONTACT PRODUCER Tiffany Chapman NAME: FAX PHONE Eastman Insurance Inc.(509) 663-1112(509) 663-5465 (A/C, No): (A/C, No, Ext): E-MAIL 239 N Mission Sttiffany@eastmanins.com ADDRESS: PO Box 3365 INSURER(S) AFFORDING COVERAGENAIC # WenatcheeWA98807The Ohio Casualty Insurance Company24074 INSURER A : INSURED INSURER B : Kottkamp & Yedinak PLLC INSURER C : 435 Orondo St INSURER D : INSURER E : WenatcheeWA98801 INSURER F : CL2283008248 COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY 2,000,000 EACH OCCURRENCE$ DAMAGE TO RENTED 2,000,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) 15,000 MED EXP (Any one person)$ AYBZS5623898509/06/202209/06/20234,000,000 PERSONAL & ADV INJURY$ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 4,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1,000,000 $ (Ea accident) ANY AUTOBODILY INJURY (Per person)$ OWNEDSCHEDULED AYBAS5623898509/06/202209/06/2023 BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUREACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADEAGGREGATE$ DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is listed as an additional insured regarding insured operations as per written contract. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 10210 East Sprague Ave AUTHORIZED REPRESENTATIVE Spokane ValleyWA99206 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD C�2 i-0S 7 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE(M3/2023 Y) 08/23/2023 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 CONTACT Tiffany Chapman NAME: Eastman Insurance Inc. PAHONnE (509) 663-1112 niC (509) 663-5465 o. Ext No): 239 N Mission St E-MAIL tiffany@eastmanins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # PO Box 3365 INSURERA: The Ohio Casualty Insurance Company 24074 Wenatchee WA 98807 INSURED INSURER B : INSURER C : Kottkamp, Yedinak & Esworthy PLLC INSURER D : 435 Orondo St INSURER E : INSURER F : Wenatchee WA 98801 COVERAGES CERTIFICATE NUMBER: CL2382309411 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE AIJUL INSD SIJUK WVD POLICYNUMBER POLICYEFF MM/DDfYYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 �/ CLAIMS -MADE OCCUR A PREMISES Ea occurrence 2,000,000 $ MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 4,000,000 A Y BZS56238985 09/06/2023 09/06/2024 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ JECTPRO ❑ LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y BAS56238985 09/06/2023 09/06/2024 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY s UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE- EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is listed as an additional insured regarding insured operations as per written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Ave AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A` OROF CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/09/2024 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 CONTACT Tiffany Chapman NAME: Eastman Insurance Inc. (509) 663-1112 FAX(509) 663-5465 AHO No Ext : No): 239 N Mission St E-MAIL tiffany@eastmanins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # PO Box 3365 INSURERA: The Ohio Casualty Insurance Company 24074 Wenatchee WA 98807 INSURED INSURER B Kottkamp, Yedinak & Esworthy PLLC INSURER C : 435 Orondo St INSURER D : INSURER E : INSURER F: Wenatchee WA 98801 COVERAGES CERTIFICATE NUMBER: CL249910777 REVISION NUMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR LTR TYPE OF INSURANCE AUULbUt3R INSD WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTE PREMISES Ea occurrence $ 2,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 4,000,000 A Y BZS56238985 09/06/2024 09/06/2025 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑PRO ❑ LOC JECT PRODUCTS - COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y BAS56238985 09/06/2024 09/06/2025 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (per.:, $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY IX UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR ICLAIMS-MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L. DISEASE- EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is listed as an additional insured regarding insured operations as per written contract. L,LK I It -ILA] t NULUtK L ANL LLLAI IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Ave AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD A_411� ALPS Lawyers Professional Liability Insurance Policy HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 PHONE: (800) 367-2577 POLICY DECLARATIONS MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 NOTICE: THE POLICY IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST MADE 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: ALPS14680- 14 Item 1— Named Insured: Kottkamp, Yedinak & Esworthy, P.L.L.C. Address: 435 Orondo Avenue Wenatchee, WA 98801 Item 2 — Retroactive Coverage Date: 09/05/2000 Item 3 — Name of Each Insured Attorney: See Attorney Roster Item 4 — Policy Period: Effective Date and Time: 09/05/2024 Expiration Date and Time: 09/05/2025 Item 5 — Limit of Liability: $ 1,000,000 Each Claim* $ 2,000,000 Aggregate Item 6 — Deductible: $ 2,500 Each Claim* Item 7—Annual Premium: $ 6,262.00 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 Preferred (07-24): Signature Page WA Amendatory First Dollar Defense Prior Acts Coverage * Important Notice: All Claims that arise out of or in connection with the same Professional Services or Interrelated Wrongful Acts, whenever made and without regard to the number of Claims, claimants, or implicated Insureds, shall be treated as a single Claim. All current and previously submitted application forms delivered to the Company are made a part of the Policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Company. Countersigned by: Authorized Representative Date: 09/04/2024 ALPS-DEC-LPL (07-24) Page 1 of 1 Attorney Roster List Names of All Attorneys Name of Attorney Esworthy, Sean Robert Eyestone, Jay Daniel Kottkamp, Andrew L. Yedinak, Nicholas A. Attorney Coverage Date 06/08/2015 01 / 16/2023 09/05/2000 09/05/2000 AR (07-24) Page 1 of 1 ALPS Lawyers Professional Liability Insurance Policy Named Insured: Kottkamp, Yedinak & Esworthy, P.L.L.C. Policy No. ALPS14680- 14 Effective Date: 09/05/2024 SIGNATURE PAGE 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 A-Jd\� ALPS Lawyers Professional Liability Insurance Policy Endorsement Named Insured: Kottkamp, Yedinak & Esworthy, P.L.L.C. Policy No. Effective Date: FIRST DOLLAR DEFENSE ENDORSEMENT ALPS14680- 14 09/05/2024 In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION 4— DEDUCTIBLE, CLAIM EXPENSE ALLOWANCE, LIMIT OF LIABILITY, AND MULTIPLE CLAIMS Section 4.A.1. and Section 4.A.2. of the Policy are deleted in their entirety and replaced to read in their entirety as follows: A. DEDUCTIBLE 1. For each and every Claim covered by this Policy, the Named Insured shall pay all Damages up to the Deductible for each and every covered Claim. The Named Insured's payment of all Damages up to the Deductible for each and every covered Claim is a condition precedent to the Company's obligation to pay any Damages for each and every covered Claim. Each Insured shall be jointly and severally liable for such Damages in the event the Named Insured fails to make any required payment. 2. The Company shall not have any obligation to pay Damages until after the Deductible is exhausted. If the Company pays any amount within the Deductible, the Named Insured and each Insured shall be jointly and severally liable to the Company for any and all such amounts paid by the Company and, on demand, shall promptly reimburse such amounts to the Company. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. LPL-END-FDD (01-21) Page 1 of 1 t4Nt, ALPS Lawyers Professional Liability Insurance Policy Endorsement Named Insured: Kottkamp, Yedinak & Esworthy, P.L.L.C. Policy No. Effective Date: PRIOR ACTS COVERAGE ENDORSEMENT ALPS14680-14 09/05/2024 THIS PRIOR ACTS COVERAGE ENDORSEMENT APPLIES ONLY IF A CLAIM ARISES FROM A WRONGFUL ACT BY AN ATTORNEY IDENTIFIED IN THIS PRIOR ACTS COVERAGE ENDORSEMENT AND ONLY IF THE CLAIM ARISES ON OR AFTER THE RESPECTIVE ATTORNEY'S PRIOR ACTS COVERAGE DATE STATED IN THIS PRIOR ACTS COVERAGE ENDORSEMENT. THIS PRIOR ACTS COVERAGE ENDORSEMENT APPLIES TO THE FOLLOWING ATTORNEY'S IDENTIFIED BELOW: Name of Attorney Attorney's Prior Acts Coverage Date Mr. Sean Robert Esworthy 06/08/2015 Mr. Jay Daniel Eyestone 01/16/2023 Mr. Andrew L. Kottkamp 09/05/2000 Mr. Nicholas A. Yedinak 09/05/2000 In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION 1— INSURING AGREEMENTS Section 1.A.1. of the Policy is deleted in its entirety and replaced to read in its entirety as follows: The Claim arises from a Wrongful Act by an Attorney identified in the Prior Acts Coverage Endorsement attached to this Policy and only if the Claim arises on or after the respective Attorney's Prior Acts Coverage Date stated in the Prior Acts Coverage Endorsement. SECTION 2 -- DEFINITIONS The introductory paragraph of the definition of the term "Insured" set forth in Section 2 of the Policy is deleted in its entirety and replaced to read in its entirety as follows: Insured means the Named Insured listed in Item 1 of the Declarations and each of the following: The introductory paragraph of the definition of the term "Professional Services" set forth in Section 2 of the Policy is deleted in its entirety and replaced to read in its entirety as follows: Professional Services means services or activities performed or rendered solely to others as: If a Claim arises from a Wrongful Act by an Attorney not identified in this Prior Acts Coverage Endorsement, then Section 1.A.1. of the Policy, and the definitions of the terms Insured and Professional Services set forth in Section 2 of the Policy, shall not be amended by this Prior Acts Coverage Endorsement in any respect and shall remain unchanged. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. LPL -END -PAC (01-21) Page 1 of 1 ALPS Lawyers Professional Liability Insurance Policy Endorsement WASHINGTON AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property & Casualty Insurance Company (the "Company"). The effective date of this endorsement is the Effective Date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION 1 - INSURING AGREEMENTS The following sentence is added at the end of Section 1.8.2. of the Policy: The right to reimbursement of Claims Expenses will only apply to the costs the Company has incurred after the Company notifies the Insured in writing that coverage might not exist under the Policy and that the Company is reserving the Company's right to terminate the defense or the payment of Claims Expenses and to seek reimbursement for Claims Expenses. Section 1.13.4. of the Policy is deleted in its entirety and replaced to read in its entirety as follows: Where an Insured has a right or obligation to arbitrate a Claim, or receives a demand to arbitrate a Claim, neither the Company nor the Insured may elect arbitration without the mutual consent of both the Company and the Insured. SECTION 6 — GENERAL CONDITIONS The Section entitled "SUBROGATION" set forth in Section 6 of the Policy is deleted in its entirety and replaced to read in its entirety as follows: To the extent of any payment under this Policy, the Company shall be subrogated to the Insured's rights of recovery against any person or organization after the Insured has been fully compensated under this Policy, and the Insured shall execute and deliver all instruments and papers and do whatever else may be necessary for the Company to secure such rights. Any amount recovered after payment under this Policy shall be apportioned first to the Insured as indicated in the paragraph above and thereafter, in the inverse order of payment to the extent of actual payment. The expenses of all such recovery proceedings shall be apportioned in the same ratio as the recoveries. The Section entitled "CANCELLATION" set forth in Section 6 of the Policy is deleted in its entirety and replaced to read in its entirety as follows: CANCELLATION This Policy may be cancelled by the Named Insured stated in the Declarations either by mailing or delivering written notice to the Company stating when the cancellation is to become effective. In the event the Named Insured cancels the Policy, the Company shall be entitled to retain the customary "short rate" portion of the premium. Except as otherwise provided, the Named Insured may cancel this Policy by notifying the Company or the insurance producer in one of the following ways: (a) Written notice by mail, fax, or e-mail; (b) Surrender of the Policy or binder; or (c) Verbal notice. Upon receipt of such notice, the Company will cancel this Policy or any binder issued as evidence of coverage, effective on the later of the following: (a) The date on which notice is received or the Policy or binder is surrendered; or (b) The date of cancellation required by the Named Insured. If the Named Insured provides verbal notice of cancellation to the Company, the Named Insured must also provide written confirmation of cancellation to the Company. The effective date of cancellation shall be the date of cancellation verbally requested by the Named Insured. LPL -WA -SAE (07-24) Page 1 of 2 t_411� ALPS Lawyers Professional Liability Insurance Policy Endorsement This Policy may be cancelled by the Company by delivering or mailing to the Named Insured, and any other person shown by the Policy to have an interest in any loss which may occur thereunder, at the principal address shown in the Declarations, written notice of cancellation, stating the reason for cancellation at least ten (10) days before the effective date of cancellation for nonpayment of premium and forty-five (45) days before the effective date of cancellation for all other reasons. A copy of the notice shall be provided within five (5) working days to the agent on the account or to the broker of record for the Named Insured. The effective date of cancellation shall become the end of the Policy Period. Delivery of such notice shall be equivalent to mailing. Proof of mailing shall be considered sufficient proof of notice. In the event the Company cancels this Policy for any reason, it will compute earned premium on a pro roto basis. The Company may make any resultant premium adjustments at the time cancellation is effective, or as soon thereafter as is practicable. However, the payment or tender of unearned premium is not a condition of or a prerequisite to cancellation of the Policy. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. LPL -WA -SAE (07-24) Page 2 of 2 HOME OFFICE ADDRESS: PHONE: MAILING ADDRESS: 111 N. Higgins, Suite 600 (800) 367-2577 PO Box 9169 Missoula, MT 59802 Missoula, MT 59807-9169 EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY DECLARATIONS NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST MADE AGAINST THE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE UNDER THE POLICY WITH YOUR INSURANCE ADVISOR. Policy Number: Named Insured: Named Insured Address: Policy Period: Retroactive Date: Prior Knowledge Date: Aggregate Limit Of Liability: Limits of Liability: Employment Practices Liability Employment Practices Liability —Third Party Wrongful Acts EPLI14680- 6 Kottkamp, Yedinak & Esworthy, P.L.L.C. 435 Orondo Avenue Wenatchee, WA 98801 From:09/05/2024 To:09/05/2025 At 12:01 a.m. Local Time at the Named Insured Address 09/05/2018 09/05/2018 $100,000.00 $100,000.00 $100,000.00 *The above Limits are part of and not in addition to the Aggregate Limit of Liability Sublimit: Immigration Practices Defense Costs sublimit of liability $10,000.00 OSHA Coverage $10,000.00 *The above sublimity are part of and not in addition to the Aggregate Limit of Liability Retention: $5,000.00 Loss arising from a Claim or incident Premium: $300.00 Endorsements Effective At Inception EPL 07-21: ALPS-END-NUC (01-18) — Nuclear Incident Exclusion ALPS-END-RAD (01-18) — Radioactive Contamination Exclusion ALPS SIG (01-18) EPL-END-WA-SAE (07-21) 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: Date: 09/04/2024 ALPS DEC EPL (07-21) Page 1 of 1 ALPS Property & Casualty Insurance Company Named Insured: Kottkamp, Yedinak & Esworthy, P.L.L.C. Policy No. Effective Date SIGNATURE PAGE EPL114680- 6 09/05/2024 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] t 0-f-� & &L"� I [Bradley D. Dantic, Secretary] ALPS SIG (01-18) Page 1 of 1 ALPS Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR INCIDENT EXCLUSION CLAUSE -LIABILITY -DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone: This Policy* does not apply: Under any Liability Coverage, to injury, sickness, disease, death or destruction: (a) with respect to which an insured under the Policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or ALPS-END-NUC (01-18) Page 1 of 3 ALPS Property & Casualty Insurance Company (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing by-product material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means: (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus ALPS-END-NUC (01-18) Page 2 of 3 4_4�1 ALPS Property & Casualty Insurance Company designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. * NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. ALPS-END-NUC (01-18) Page 3 of 3 ALPS Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE -LIABILITY - DIRECT (U.S.A.) For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause -Liability -Direct) to liability insurances affording worldwide coverage. In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. ALPS-END-RAD (01-18) Page 1 of 1 WASHINGTON AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property & Casualty Insurance Company. The effective date of this Endorsement is the effective date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION II — DEFINITIONS SECTION II — DEFINITIONS is amended by adding a new definition at the end of the Section, as follows: II. Terrorism means activities against persons, organizations or property of any nature: a. That involve the following or preparation for the following: (1) Use or threat of force or violence; or (2) Commission or threat of a dangerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and b. When one or both of the following applies: (1) The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (2) It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social, or economic objectives or to express (or express opposition to) a philosophy or ideology. SECTION III — EXCLUSIONS SECTION III — EXCLUSIONS, paragraph M. is deleted in its entirety and replaced with the following: M. We will not pay for any Loss caused directly or indirectly by Terrorism, including action in hindering or defending against an actual or expected incident of Terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of Terrorism: 1. The Terrorism is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination; or 2. Radioactive material is released, and it appears that one purpose of the Terrorism was to release such material; or 3. The Terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the Terrorism was to release such materials; or 5. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the Terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by EPL-END-WA-SAE (07-21) Page 1 of 3 any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigurement; or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of Terrorism which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraph M.S. or M.6. are exceeded. With respect to this Exclusion, Paragraphs M.5. and M.6. describe the threshold used to measure the magnitude of an incident of Terrorism and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of Terrorism, there is no coverage under this Coverage Part. In the event of any incident of Terrorism that is not subject to this Exclusion, coverage does not apply to any Loss that is otherwise excluded under this Coverage Part. SECTION VI — DEFENSE, COOPERATION, SETTLEMENT AND SUBROGATION SECTION VI — DEFENSE, COOPERATION, SETTLEMENT AND SUBROGATION is amended by deleting paragraph E and replacing it with the following: In the event of any payment under this Policy, we shall be subrogated to the Insureds' rights of recovery against any person or entity after the Insured has been fully compensated under this Policy. The Insureds shall execute all papers required and shall do everything that may be necessary to secure and preserve such rights including the execution of such documents as are necessary to enable us effectively to bring suit in their name and shall provide all other assistance and cooperation which we may reasonably require. Notwithstanding the foregoing, we agree to waive our rights of subrogation against any of the Insured Persons, except where a final non -appealable adjudication in the underlying action adverse to the relevant Insured Person(s) establishes that the relevant Insured Person(s) committed a deliberately fraudulent or deliberately criminal act or omission. SECTION VII - NOTIFICATION SECTION VII — NOTIFICATION, paragraph A. is amended by replacing the phrase "30 days' with "sixty (60) days". SECTION VIII — OPTIONAL EXTENSION PERIOD SECTION VIII — OPTIONAL EXTENSION PERIOD is amended by deleting paragraph A and replacing it as follows: If this Policy is cancelled by the Named Insured, or if the Named Insured or we non -renew this Policy, or if this Policy is renewed by us with terms less favorable to the Named Insured, then the Named Insured shall have the right, upon payment of an additional premium calculated at that percentage shown in the Declarations of the total annual premium for this Policy, to an extension of the coverage granted by this Policy with respect to any Claim first made during the period of time set forth for the Optional Extension Period in the Declarations after the end of the Policy Period, but only with respect to any Wrongful Act committed or any conduct undertaken before the effective date of cancellation or nonrenewal. EPL-END-WA-SAE (07-21) Page 2 of 3 SECTION XVII —AUTHORIZATION is deleted in tis entirety. SECTION XVIII — CANCELLATION OR NONRENEWAL SECTION XVIII — CANCELLATION OR NONRENEWAL is amended by deleting the first paragraph and replacing it as follows: The Named Insured may cancel this Policy by providing one of the following types of notice: 1. Written notice of cancellation to us or agent of record, by mail, fax or email; 2. Surrender of the Policy to us or agent of record; or 3. Verbal notice to us or agent of record, stating when thereafter the cancellation shall be effective. If an effective date is not provided, cancellation shall become effective upon receipt of notice. SECTION XVIII — CANCELLATION OR NONRENEWAL is amended by deleting the second paragraph and replacing it as follows: We may cancel this Policy only for nonpayment of premium by mailing to the Named Insured written notice stating when, not less than twenty (20) days thereafter, such cancellation shall be effective. The mailing of such notice shall be sufficient notice and the effective date of cancellation stated in the notice shall become the end of the Policy Period. Delivery of such written notice by us shall be equivalent to mailing. Notice of cancellation shall be sent at the same time to the Named Insured's producer of record, if known, and to the mortgagee or pledgee, if applicable. Notice of cancellation shall also be sent to any other Insured shown in the Declarations, if applicable, to have an interest in any Loss afforded coverage under this Policy. The notice shall state the reason for cancellation or nonrenewal. SECTION XVIII — CANCELLATION OR NONRENEWAL is amended by addition of the following after the first and only sentence of the fifth and last paragraph: A copy of such notice shall be sent at the same time to the Named Insured's producer of record, if known, at the last mailing address known by us. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. EPL-END-WA-SAE (07-21) Page 3 of 3 HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 A Montana Stock Corporation PHONE: (800) 367-2577 MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 CYBER LIABILITY AND DATA BREACH RESPONSE INSURANCE POLICY DECLARATIONS NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY AND APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR THE OPTIONAL EXTENSION PERIOD (IF APPLICABLE) AND REPORTED TO US IN WRITING. PLEASE REFER TO THE SECTION ENTITLED "NOTICE OF CLAIM OR LOSS" SET FORTH ON PAGE 16 OF THIS POLICY TO UNDERSTAND THE INSURED'S OBLIGATIONS TO TIMELY REPORT TO US IN WRITING ANY CLAIM OR LOSS COVERED UNDER THIS POLICY. Policy Number: CYBR14680- 6 Named Insured: Kottkamp, Yedinak & Esworthy, P.L.L.C. Named Insured Address: 435 Orondo Avenue Wenatchee, WA 98801 Policy Period: From: 09/05/2024 To: 09/05/2025 Both dates at 12:01 a.m. Local Time at the Named Insured Address set forth above. Policy Premium: $ 260.00 Endorsements Attaching to the Policy and Effective at Inception Cyber 07-21: ALPS-END-NUC (01-18) — Nuclear Incident Exclusion ALPS-END-RAD (01-18) — Radioactive Contamination Exclusion ALPS SIG (01-18) CYBER-END-WA-SAE (07-21) NOTE: Please refer to Page 2 of these Policy Declarations for Limits of Liability, certain Sub -limits of Liability pertaining to certain coverages under this Policy, and certain Retentions pertaining to certain coverages under this Policy. ALPS DEC CYBER (07-21) Page 1 of 2 CYBER LIABILITY AND DATA BREACH RESPONSE INSURANCE POLICY DECLARATIONS Limits of Liability, Sub -limits of Liability and Retentions: Aggregate Limit Retention Policy Aggregate Limit of Liability — applies to all Insuring Agreements under the Policy, with the exception of the Breach Response coverage, and subject to the applicable aggregate Sub -limits of liability listed below. 1-10 Attorneys $100,000.00 Sub -Limits of Liability: First Party Loss Business Interruption Loss: $10,000.00 $2,500.00 each loss Cyber Extortion Loss: $10,000.00 $2500.00 each Extortion Threat Data Recovery Costs: $10,000.00 $2,500.00 each Security Breach Reputational Loss: $10,000.00 $2,500.00 each loss Liability Data & Network Liability: $100,000.00 $2,500.00 each loss Regulatory Defense & Penalties: $50,000.00 $2,500.00 each loss Payment Card Liabilities & Costs: $5,000.00 $2,500.00 each loss Media Liability: $100,000.00 $2,500.00 each loss eCrime Fraudulent Instruction: $10,000.00 $2,500.00 each loss Funds Transfer Fraud: $10,000.00 $2,500.00 each loss Telephone Fraud: $10,000.00 $2,500.00 each loss Criminal Reward: $10,000.00 $2,500.00 each loss Breach Response Aggregate Limit of Coverage In addition to the Policy Aggregate Limit of Liability Breach Response: $75,000.00 $2,500.00 each loss NOTICE: All current and previously submitted application forms delivered to the Underwriters are made a part of the Policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Underwriters. Countersigned by: Authorized Representative Date: 09/04/2024 ALPS DEC CYBER (07-21) Page 2 of 2 ALPS Property & Casualty Insurance Company Named Insured: Kottkamp, Yedinak & Esworthy, P.L.L.C. Policy No. Effective Date SIGNATURE PAGE CYBR14680- 6 09/05/2024 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] [ i� LG ] [Bradley D. Dantic, Secretary] ALPS SIG (01-18) Page 1 of 1 ALPS Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR INCIDENT EXCLUSION CLAUSE -LIABILITY -DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone: This Policy* does not apply: Under any Liability Coverage, to injury, sickness, disease, death or destruction: (a) with respect to which an insured under the Policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or ALPS-END-NUC (01-18) Page 1 of 3 t� ALPS Property & Casualty Insurance Company (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing by-product material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means: (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus ALPS-END-NUC (01-18) Page 2 of 3 ALPS Property & Casualty Insurance Company designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. * NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. ALPS-END-NUC (01-18) Page 3 of 3 t11\4t, ALPS Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE -LIABILITY - DIRECT (U.S.A.) For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause -Liability -Direct) to liability insurances affording worldwide coverage. In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. ALPS-END-RAD (01-18) Page 1 of 1 HINGTON AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property & Casualty Insurance Company. The effective date of this Endorsement is the effective date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION III - EXCLUSIONS SECTION III — EXCLUSIONS, Criminal, Intentional or Fraudulent Acts, is deleted in its entirety and replaced with the following: Criminal, Intentional or Fraudulent Acts any criminal, dishonest, fraudulent, or malicious act, error or omission, any intentional Security Breach, intentional violation of a Privacy Policy, or intentional or knowing violation of the law, if committed by such Insured, or by others if the insured colluded or participated in any such conduct or activity; provided this Policy shall apply to Claims Expenses incurred in defending any such Claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against the Insured, or written admission by the Insured, establishing such conduct, or a plea of nolo contendere or no contest regarding such conduct, at which time the Named insured shall reimburse us for all Claims Expenses incurred defending the Claim and we shall have no further liability for Claims Expenses. The right to reimbursement of Claims Expenses will only apply to the costs we have incurred after we notify the Insured in writing that there may not be coverage and that we are reserving our right to terminate the defense or the payment of Claims Expenses and to seek reimbursement for Claims Expenses. Provided further, that whenever coverage under this Insurance would be excluded, suspended or lost because of this exclusion relating to acts or violations by any Insured, and with respect to which any other Insured did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge thereof, then we agree that such insurance as would otherwise be afforded under this Policy shall cover and be paid with respect to those Insureds who did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge of one or more of the acts, errors or omissions described in above; however this exception to this exclusion is inapplicable to any Claim or circumstance that could reasonably be the basis of a Claim against the Insured Organization arising from acts, errors or omissions known to any present or former member of the Control Group. SECTION VII - GENERAL CONDITIONS, Subrogation, is deleted in its entirety and replaced with the following: Subrogation To the extent of any payment under this Policy, we shall be subrogated to the Insured's rights of recovery against any person or organization after the Insured has been fully compensated under this Policy, and the Insured shall execute and deliver all instruments and papers and do whatever else may be necessary to secure such rights. Any amount recovered after payment under this Policy shall be apportioned first to the Insured as indicated in the paragraph above and thereafter, in the inverse order of payment to the extent of actual payment. The expenses of all such recovery proceedings shall be apportioned in the same ratio as the recoveries. CYBER-END-WA-SAE (07-21) Page 1 of 2 SECTION VII - GENERAL CONDITIONS, Cancellation and Nonrenewal, is deleted in its entirety and replaced with the following: Cancellation and Nonrenewal This Policy may be cancelled by the Named Insured at any time by surrender thereof to us or by mailing or delivering to us written notice stating when the cancellation shall be effective. Except as otherwise provided, the Named Insured may cancel this Policy by notifying us or the insurance producer in one of the following ways: A. Written notice by mail, fax, or e-mail; B. Surrender of the Policy or binder; or C. Verbal notice. Upon receipt of such notice, we will cancel this Policy or any binder issued as evidence of coverage, effective on the later of the following: A. The date on which notice is received or the Policy or binder is surrendered; or B. The date of cancellation required by the Named Insured. If the Named Insured provides verbal notice of cancellation to us, the Named Insured must also provide written confirmation of cancellation to us. The effective date of cancellation shall be the date of cancellation verbally requested by the Named Insured. This Policy may be cancelled by us by delivering or mailing to the Named Insured, and any other person shown by the Policy to have an interest in any loss which may occur thereunder, at the address shown in the Policy Declarations, written notice of cancellation, stating the reason for cancellation at least ten (10) days before the effective date of cancellation for nonpayment of premium and forty-five (45) days before the effective date of cancellation for all other reasons. A copy of the notice shall be provided within five (5) working days to the agent on the account or to the broker of record for the Named Insured. The effective date of cancellation shall become the end of the Policy Period. Delivery of such notice shall be equivalent to mailing. Proof of mailing shall be considered sufficient proof of notice. If the Named Insured cancels this Policy, the earned premium shall be computed in accordance with the customary short rate tables and procedures. If we cancel, earned premium shall be computed pro rata. Premium adjustment may be made at the time cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. Should we decide to non -renew this Policy, we shall mail or deliver written notice to the Named Insured, and any other person shown by the Policy to have an interest in any loss which may occur thereunder, at the address shown in the Policy Declarations at least forty-five (45) days before the end of the Policy Period. The notice shall include the reason for nonrenewal. A copy of the notice shall be provided within five (5) working days to the agent on the account or to the broker of record for the Named Insured. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. CYBER-END-WA-SAE (07-21) Page 2 of 2 P.O. Box 9169, Missoula, MT 59807-9169 (800) 367-2577 1 (406) 728-3113 1 Fax: (406) 728-7416 www.alpsinsurance.com September 04, 2024 Mr. Nicholas A. Yedinak Kottkamp, Yedinak & Esworthy, P.L.L.C. 435 Orondo Avenue Wenatchee, WA 98801 Dear Mr. Yedinak: Thank you for choosing ALPS for your professional liability coverage! Your Declarations Page and policy documents are enclosed. Please take a moment to review your policy information and let me know if you have any questions regarding your coverage. Check your ALPS Account Center at https://www.alpsiiisuraiice.cogl/policy-login throughout the year. We are continually updating the resources and benefits available to you as a policyholder. You can update your firm information there too! Our claims department is comprised entirely of licensed attorneys who are here to assist you in the event of a potential claim. If your firm becomes aware of facts or circumstances that may be the basis of a claim, you must notify ALPS in writing pursuant to the provisions of the policy. As always, you can reach me at tmatoon(a,alpsinsurance.com or by calling (800)367-2577. It is a pleasure working with you! Sincerely, Tanya Maattoo`n' Authorized Representative ALPS Property & Casualty Insurance Company