Fort Walton Beach Council agenda — 09-14-2010 Special-City Attorney Condidates — reading text

agreed that the Insurer has relied upon the statements and representations contained in the below referenced application ( including materials submitted thereto and, if such application is a renewal application, all such previous policy applications, and their attachments and materials, for which this policy is a renewal or succeeds in time) as being accurate and complete. It is further understood and agreed that the Firm and the Insureds affirmatively represent to the Insurer that the statements and representations made in such application were accurate on the date such representations and statement were so given and that in connection therewith the Insureds hereby reaffirm each and every statement made in our application to Travelers as accurate as of 02/20/2010 as if it was made to the Insurer on such date. All such statements and representations shall be deemed to be material to the risk assumed by the Insurer, are the basis of this policy and are to be considered as incorporated into this policy. TYPE OF POLICY APPLICATION CARRIER DATE SIGNED Lawyers Professional Liability Travelers 02/04/2010 ALL OTHER TERMS AND CONDITI OF THE POLICY REMAIN UNCHANGED. c) All rights reserved. AUTHORIZED REPRESENTATIVE 103488 ( 11/ 2009) Page 1 of 1  ENDORSEMENT No. 6 This endorsement, effective 02120/ 2010 forms a part of Policy Number: 060439897 Issued to: Matthews and Hawkins, P.A. By: National Union Insurance Company of Pittsburgh, PA OFFICE SHARING EXCLUSIONARY ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY In consideration of the premium paid it is hereby understood and agreed that this does not cover any Claim alleging, arising out of or resulting from, directly or indirectly, any Wrongful Act committed or omitted by any entity which, or individual who, shares office space with the Insured but is not an Insured. ALL OTHER TERMS AND CONDITI S OF THE POLICY REMAIN UNCHANGED. c) All rights reserved. AUTHORIZED REPRESE ATIVE 103531 ( 12/ 2009) Page 1 of 1  FLORIDA ADDENDUM TO THE DECLARATIONS If you have questions about your insurance policy, or questions about claims relating to your insurance policy, please contact your insurer at the following: Chartis 175 Water Street New York, NY 10038 212) 458 -5000 74825 (2101)  ENDORSEMENT No. 7 This endorsement, effective 02/2012010 forms a part of Policy Number: 060439897 Issued to: Matthews and Hawkins, P.A. By: National Union Insurance Company of Pittsburgh, PA FLORIDA CANCELLATIONINONRENEWAL ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Wherever used in this endorsement: 1) " we ", "us ", "our", and " Insurer'" mean the insurance company which issued this policy, and 2) " you ", "your ", "named Insured" and " Insured" mean the Named Corporation, Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3) " Other Insured( s)" means all other persons or entities afforded coverage under the policy. It is hereby agreed and understood that the cancellation provision of this policy is to be deleted in its entirety and to be replaced with the following: A. The Insured shown in the Declarations may cancel this policy by mailing or delivering to the Insurer advance written notice of cancellation. 13. 1. Cancellation for Policies in Effect Ninety (90) Days or Less If this policy has been in effect ninety (90) days or less the Insurer may cancel this policy by mailing or delivering to the Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: a) Ten ( 10) days before the effective date of cancellation if the Insurer cancels for nonpayment of premium; or b) Twenty (20) days before the effective date of cancellation if the Insurer cancels for any other reason, except the Insurer may cancel immediately if there has been: 1. A material misstatement or misrepresentation; or 2. A failure to comply with underwriting requirements established by the Insurer. B.2. Cancellation for Policies in Effect for More Than Ninety (90) Days If this policy has been in effect for more than ninety (90) days the Insurer may cancel this policy only for one or more of the following reasons: a) Nonpayment of premium; b) The policy was obtained by a material misstatement; 76105 ( 0212009) Page 1 of 2  c) There has been a failure to comply with underwriting requirements established by us within ninety (90) days of the date of effectuation of coverage; d) There has been a substantial change in the risk covered by the policy; or e) The cancellation is for all insureds under such policies for a given class of insureds. If the Insurer cancels this policy for any of these reasons, the Insurer will mail or deliver to the Named Insured written notice of cancellation, accompanied by the reasons for the cancellation at least: 1. Ten ( 10) days before the effective date of cancellation if cancellation is for the reason stated in 132( a) above; or 2. Forty -five (45) days before the effective date of cancellation if cancellation is for the reasons stated in B2 ( b), ( c), ( d) or (e) above. B. 3.If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels, the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will mail the refund within 15 working days after the date cancellation takes effect. The following is added: C. I. Non -Renewal a) If the Insurer decides not to renew this policy the Insurer will mail or deliver to the Insured written notice of nonrenewal, accompanied by the reason for nonrenewal, at least forty -five (45) days prior to the expiration of this policy. b) Any notice of nonrenewal will be mailed or delivered to the Insured's last mailing address known to the Insurer. If notice is mailed, proof of mailing will be sufficlent proof of notice. C.2. Renewal The Insurer shall give the named insured at least forty -five (45) days advance written notice of the renewal premium. ALL OTHER TERMS AND CONDITI S OF THE POLICY REMAIN UNCHANGED. c) All rights reserved. AUTHORIZED REPRESE TATIVE 76105 ( 0212009) Page 2 of 2  ENDORSEMENT No. 8 This endorsement, effective 02/20/2010 forms a part of Policy Number: 060439897 Issued to: Matthews and Hawkins, P.A. By: National Union Insurance Company of Pittsburgh, PA FORAMS INDEX ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The contents of the Policy are comprised of the following forms: FORM NUMBER EDITION DATE FORM TITLE 101420 0412009 LAWYERS PROFESSIONAL LIABILITY POLICY 101429 0412009 DECLARATIONS 101438 0412009 SECURITIES WORK EXCLUSION AMENDATORY ENDORSEMENT 101452 0412009 DECLARATIONS ITEM 4 AMENDATORY ENDORSEMENT (SCHEDULED EMPLOYED LAWYERS) 101564 0812009 AMENDATORY ENDORSEMENT - FLORIDA 103448 1112009 SPECIFIC PERSONIENTITY EXCLUSIONARY ENDORSEMENT 103488 1112009 RELIANCE UPON OTHER CARRIER'S APPLICATION 103531 1212009 OFFICE SHARING EXCLUSIONARY ENDORSEMENT 74825 0212001 FLORIDA ADDENDUM TO THE DECLARATIONS 76105 0212009 FLORIDA CANCELLATIONINONRENEWAL ENDORSEMENT 78859 1012001 FORMS INDEX ENDORSEMENT 89644 07/2005 COVERAGE TERRITORY ENDORSEMENT ALL OTHER TERMS AND CONDITIOUS OF THE POLICY REMAIN UNCHANGED. c) All rights reserved. AUTHORIZED REPRESEN ATIVE 78859 ( 10/ 2001) Page 1 of 1 David Brand Pleat* 4477 Legendary Drive Amy A. Perry' ** Suite 202 l William J. Ritchie Destin, Florida 32541 Winter E. Spires Tel: 850.650.0599 Fax: 850.650.4402 Ryan O. Garrity PLEAT & PERRY, P.A. www.pleatperry.com ATTORNEYS AT LAW - Andrew A. Wood Elizabeth V. LaFollette, Of Counselo J. Jerome Miller, Of Counsel Also Admitted In DC & MD Also Admitted In GA 4AIso Admitted In NC tAlso a Certified Mediator 09 - 08 - 10 A03: 56 OUT September 7, 2010 SEALED PROPOSALS CITY OF FORT WALTON BEACH REQUEST FOR PROFESSIONAL LEGAL SERVICES CITY ATTORNEY SERVICES Via Hand Delivery Mayor and City Council Fort Walton Beach City Hall 107 Miracle Strip Parkway SW. Fort Walton Beach, Florida 32548 Re: City of Fort Walton Beach Request for Professional Legal Services Ladies and Gentlemen: Thank you for the honor to respond to the above referenced request for professional legal services for the City of Fort Walton Beach City Attorney. The Firm' s attorneys and staff have the experience, qualifications, personnel, availability and capability to provide and perform all of the professional services necessary to serve the City of Fort Walton Beach in a complete, effective, and timely manner. Pleat & Perry, P. A., established in 1997, is a firm of eight attorneys all meeting Florida Bar license to practice and good standing requirements. J. Jerome Miller has all of the additional Federal Court' s admissions and good standing requirements of the Request for Professional Legal Services. Please see individual