2001-473 O OINANCE NO dwi/-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN &
TOWNSEND, P C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION
OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN THE
AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW,
RESPECTING THE ACTWITIES OF DENTON MUNICIPAL ELECTRIC,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR
RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council deems that it is in the public interest to engage the
law firm of Lloyd, Gossehnk, Blevms, Rochelle, Baldwin & Townsend, P C, of Austin,
Texas (the "Firm") to promde professional legal services to the City of Denton ("City")
pertaining to representation of the City and Denton MUmclpal Electric ("DME") before the
Public Utlhtles Commission of Texas ("PUC") in the areas of public utlhtles regulatory
law and admlmstratlve law, respecting the actlwtles of DME, and
WHEREAS, the City staff has reported to the City Council that there is a
substantial continued need for the above-referenced professional legal services, and that
limited City staff cannot adequately perform the specialized services and tasks which are
for the most part centered m Austm, Texas, with its own personnel, and
WHEREAS, the City has heretofore engaged the F~rm by numerous previous
Agreements for Professional Legal Services to perform similar services to those services
prowded for in the Agreement for Professional Legal Services attached hereto Further,
that the Firm has performed and provided legal servmes benefiting the Caty under the most
recent Agreement which became effective early in the year 2001, on a continuous and
uninterrupted basis, in order to safeguard and represent the interests of the C~ty and DME
before the PUC, in dealing with sudden, largely unpredictable events and developments,
and with admlmstratlve deadlmes that many times require immediate attention or response
On December 15, 2001, the funds provided for in the most recent Agreement will probably
be exhausted slightly earlier than expected Nonetheless, the City has requested that the
Firm provide continuous representation of the City and DME on important PUC issues
until such time as a new Agreement for Professional Legal Services could be entered into,
providing for continuation of the professional legal services as well as additional
compensation to the Firm, and until such Agreement could be approved by the City
Council Accordingly, it is appropriate that the new Agreement for Professional Legal
Services by and between the City and the Firm attached hereto, should be ratified and
confirmed, and should be retroactively approved and made effective as of December 15,
2001, m order to properly compensate the Firm for its work that has directly benefited the
City, and wbach work was done at the specific instance and request of the City, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Profesmonal Services Procurement Act", generally provides that a City may not select a
provl6er of professxonal services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price, and the Council hereby finds and concludes that the Firm is
appropriately quahfied under the provisions of that law to be retained as outside legal
counsel for the City and DME respecting th~s engagement, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the recitations set forth and contained m the foregoing
preamble are expressly meorporated by reference into th~s Ordinance
SECTION2 That the City Manager ~s hereby authorized to execute an
Agreement for Professional Legal Services by and between the C~ty and the law firm of
Lloyd, IGosselmk, Blewns, Rochelle, Baldwin & Townsend, P C, of Austin, Texas, m
substantially the form of the Agreement for Professional Legal Services attached hereto
and ~neorporated herewith by reference
SECTION 3 That the award of th~s Agreement by the City is on the basis of the
demonstrated competence, knowledge, and q~.lallfiCatlons of the F~rm and the abthty of the
Firm to perform the services needed by the City for a fair and reasonable price
SECTION 4 That the expand~ture of funds as provided ~n the attached Agreement
for Pro~'esslonal Legal Services ~s hereby anthonzed
SECTION 5 That the above and foregoing Agreement for Professional Legal
Services ~s hereby ratified, confirmed, and retroactively approved, and shall be effective
from and aider December 15, 2001
SECTION6 That except as otherwise provided m Section 5 above, th~s
Ordinance shall become effective ~mmedmtely upon its passage and approval
PASSED ', PROVEDthlsthe/ _dayof ,2001
EULI:NE BR(~,'MA~OK
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
By~X~~
S \Our Docun~n~s\Ordmances\~loyd Gossehnk PUC 2001 lB Ord doc
STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS AGREEMENT, made and entered into this /~//day of ~/q~/~ , 2001, by
and between LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND,
P C, a Texas Professional Corporation (hereinafter "Consultant"), with Lambeth Townsend,
Shareholder, having full authority to execute this Agreement on behalf of the firm, 111 Congress
Avenue, Suite 1800, Austin, Texas 78701, and the CITY OF DENTON, a Texas Municipal
Corporation, 215 E McKmney, Denton, Texas 75201 (hereinafter "City"), with Michael
Conduff, City Manager, having full authority to execute this Agreement on behalf of the City
WlTNESSETH
WHEREAS, the City deems it necessary and in the pubhc interest to continue to engage legal
counsel to continue to provide professional legal services with respect to the City's compliance
with the Public Utility Commission of Texas ("PUC") electric transmission service rules as well
as any rulemakmg proceeding or any project relating to elecmc transmission service as well as
respecting the implementation of Senate Bill 7, or otherwise affecting the City, and
WHEREAS, the Consultant is willing to perform such services in a professional manner as an
independent contractor, and has competently and efficiently performed similar services for the
City over the past several years, and the City has selected Consultant on the basis of
demonstrated competence and qualifications necessary to perform the needed services, and
WHEREAS, the City desires to engage the Consultant to render the professional services in
connection therewith, for a fair and reasonable price, consistent with, and for a fee not higher
than the recommended practices and fees published by the applicable professional associations,
and such fees do not exceed any maximum provided by law, all in accordance with the
provisions of Chapter 2254 of the Texas Government Code (the "Professional Services
Procurement Act"), and the Consultant is willing to provide such services,
NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the City
and Consultant do hereby mutually AGREE as follows, to w~t
Page 1
I Scope of Services' The Consultant shall perform the following services ~n a
professional manner working as an independent contractor not under the d~rect supervision and
control of the C~ty
A Servmes to be provided
1 Consultant shall represent the City before the PUC concerning the C~ty's
comphance with the PUC's Transnnss~on Service Rules and concerning any
mlemakmg proceeding or pro3ect relating to transnnss~on service, ~mplementmg
Senate Bill 7, or otherwise affecting the City, lncludmg, w~thont hnntat~on, the
professional legal services w~th regard to subnntt~ng pleadings and comments and
attenchng all uncontested heanngs and other proceedings m relation to these matters,
and to consult w~th the C~ty through ~ts Denton Mumc~pal Elecmc ("DME") staff
w~th regard to all fihngs, uncontested heanngs, and other issues related to this
project Provided, however, ~f the C~ty elects to partm~pate m a contested case
proceeding at the PUC relating to transnnss~on service or any other matter, the
part,es agree that ~t wall be necessary to enter into a separate professional services
agreement, to provide for such additional legal serwces
2 To consult w~th the C~ty Manager, the Assistant C~ty Manager for Utthtles, the
D~rector of Electric Uttht~es, the C~ty Attomey, the Assistant C~ty Attorney for
Uttht~es, and/or other designated adm~mstrat~ve personnel or staff regarding any and
all aspects of the professmnal services to be performed, ~nclud~ng legal research,
analysis, and adwce w~th respect to such matters Th~s wall include coordinating
act~wt~es w~th the D~rector of Electnn Utlht~es, the City Attorney and their
respective staff to effimantly perform the services reqmred and to preserve the
Attomey/Chent privilege, work product, and all other apphcable exceptmns to the
d~scovery or d~sclosure of documents produced by the C~ty and the Consultant under
the Scope of Services here~nabove
B The Consultant shall perform all the serwces reqmred by th~s Agreement in a t~mely
fashion, and shall complete them ~n comphance w~th schedules estabhshed by the C~ty
through ~ts D~rector of Electric utdmes as appropriate to carry out the terms and
conditions of th~s Agreement
Page 2
II Term' This Agreement shall be retroactively effective as of December 15, 2001
The Agreement shall terminate either upon the completion of the professional services provided
for herein, or upon the exhaustion of all professional fees provided for hereunder, or on
December 31, 2002, whmhever event shall first occur This Agreement may be sooner
terminated ~n accordance with the provisions hereof Time is of the essence of this Agreement
Consultant shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible dunng the term of th~s Agreement, and to meet the schedules
estabhshed by the C~ty, through its Director of Electric Utthtles, or her designee
III Compensataon and Method of Payment,
A The Consultant shall charge the following fees for its professional servmes provided to
the City hereunder, based upon the following hourly billing rates for the attorneys and
support staff involved in th~s matter
Staff Hourly Rate
Lambeth Townsend, Shareholder $ 220 00
Georgia Crump, Shareholder $ 200 00
Art Rodnguez, Associate $180 00
Mehssa E Ramtrez, Associate $160 00
Paralegal $ 80 00
Law Clerk $ 75 00
Consultant agrees that all charges for the legal services hereunder, including expenses as set
forth m Section m C below, shall not exceed $65,000 00
B The Consultant shall endeavor to have the attorneys and employees listed in Section HI A
above, reasonably attempt to reduce costs by utilizing other quahfied shareholders,
associates, and paralegals wherever feasible or possible The Consultant shall bill the
City through the submission of itemized invoices, statements, and other documentation,
together with support data indicating the progress of the work and the services performed
on the bas~s of monthly statements, showing hourly rates indicating who performed the
work, what type of work was done, and descriptions andior details of all services
rendered~ including a dmly, and an entry-by-entry reflection of bdlable time spent on this
engagement, along with specific description and supporting documentation, if avmlable,
respecting any reasonable and necessary out-of-pocket expenses incurred by Consultant ~n
performing the professional services provided for under this Agreement Professional
fees shall be billed m minimum one-tenth (1/10) hour increments
C Additionally, the City shall either pay directly or reimburse the Consultant, as the case
may be, for reasonable and necessary actual out-of-pocket expenses, ~ncludlng but not
limited to, long-distance telephone, telecopler, reproduction, postage, overnight courier,
and transportation and travel All copies wall be charged at the rate of fifteen cents ($15)
per copy for copies made within Consultant's offices, with as much photocopying as
Page 3
possible being done by outside vendors at bulk rates or by the City to reduce costs if bulk
copying is necessary or appropriate The parties agree that the charges for outgoing
telecoples from Consultant shall be $ 25 per page and that there will be no charge for
incoming telecoples
D The parties anticipate that invoices or statements for professional services will be
generated on a monthly basis and that stud invoices or statements will be sent to the City
by Consultant on or about the 15th day of each month The City shall make payment to
the Consultant within thirty (30) days after receipt of an appropriate itemized invoice or
statement To the extent that any fees or expenses are disputed by the City, the City shall
notify Consultant within thirty (30) days after its receipt of the Invoice or statement, and
shall otherwise pay all undisputed amounts set forth in the invoice or statement within
thirty (30) days after its receipt of the invoice or statement All reimbursable expenses,
including, but not necessarily limited to travel, lodging, and meals, shall be paid at the
actual cost, pursuant to the terms, conditions, and limitations set forth herein All
invoices or statements shall be a reviewed by the Director, Denton Municipal Electric, or
her designee, and shall be reviewed and approved by the Assistant City Attorney/UtIhtIes
E It is understood and agreed that the Consultant shall work under the coordination and
general supervision of the Director of Electric Utilities, or her designee
F All notices, invoices, statements, and payments shall be made in writing and may be
given by personal delivery or by mtul As to notices to Michael Conduff, City Manager,
City of Denton, 215 East MclQnney, Denton, Texas 76201 or to his designee As to
invoices, statements, or payments to Michael S Copeland, Assistant City
Attorney/Utdities, Utility Administration Department, at the same address, as to the City,
and to Lambeth Townsend, Lloyd/Gossehnk, 111 Congress Avenue, Suite 1800, Austin,
Texas 78701, as to the Consultant When so addressed, the not,ce, invoice, statement
and/or payment shall be deemed given upon deposit of same In the U S Mml, postage
prepaid In all other instances, notices, invoices, statements, and/or payments shall be
deemed given at the time of actual delivery Changes may be made in the names and
addresses of the responsible person or office to which notices, invoices, statements and/or
payments are to be sent, provided reasonable notice is given
IV. Professional Competeney.A Consultant agrees that in the performance of these
professional services, Consultant shall be responsible to the level of competency and shall
use the same degree of skill and care presently mainttuned by other practicing
professionals performing the same or similar types of work For the purpose of this
Agreement, the key persons who will be performing most of the work hereunder shall be
Lambeth Townsend and Georgia Crump, Shareholders However, nothing herein shall
limit Consultant from using other qualified and competent members of the firm to
perform the services required herein if such delegation is reasonably appropriate and
properly protects the City's interests
B Any agreements, ordinances, notices, instruments, memoranda, reports, letters, and other
legal documents prepared or obtained under the terms of this Agreement are instruments
Page 4
of service and the City shall retmn ownership and a property interest therein If this
Agreement Is terminated at any time for any reason prior to payment to the Consultant for
work under this Agreement, all such documents prepared or obtained under the terms of
the Agreement shall upon termination be delivered to and become the property of the City
upon request and without restriction on their use or further compensation to the
Consultant
V. Establishment and Maintenance of Records Full and accurate records
shall be mmntmned by the Consultant at its place of business with respect to all matters covered
by this Agreement Such records shall be maintained for a period of at least three years after
receipt of final payment under this Agreement
VI Audits and Inspection' At any time dunng normal business hours and upon
reasonable notice to the Consultant, there shall be made available to the City all of the
Consultant's records with respect to all matters covered by this Agreement The Consultant shall
permit the City to audit, examine, and make excepts or transcripts from such records, and to
make audits of contracts, invoices, matermls, and other data relating to all matters covered by this
Agreement
VII Accomplishment of Proiect The Consultant shall commence, carry on, and
complete this professional engagement with all practicable dispatch, in a sound, economical and
efficient matter, and, in accordance with the provisions hereof and all applicable laws In
accomplishing the projects, the Consultant shall take such steps as are appropriate to insure that
the work involved is properly coordinated with any related work being earned on by the City
VIII. Indemnity and Independent Contractor Relationship
A Consultant shall perform all services as an independent contractor not under the direct
supervision and control of the City Nothing herein shall be construed as creating a
relationship of employer and employee between the parties The City and Consultant
agree to cooperate m the defense of any claims, action, suit, or proceeding of any kind
brought by a third party which may result from or directly or indirectly arise from any
negligence and/or errors or omissions on the part of the Consultant or from any breach of
the Consultant's obligations under tins Agreement In the event of any litigation or claim
under this Agreement in which Consultant is joined as a party, Consultant shall provide
suitable counsel to defend City and Consultant against such claim, provided the
Consultant shall have the right to proceed with the competent counsel of its own
choosing The Consultant agrees to defend, indemnify and hold harmless the City and all
of its officers, agents, servants, and employees against any and all such claims to the
extent of coverage by Consultant's professional hablhty pohcy The Consultant agrees to
pay all expenses, including but not limited to attorney's fees, and satisfy all judgments
that may be incurred or rendered against the Consultant's professional habdlty insurance
policy Nothing herein constitutes a waiver of any rights or remedies the City may have
to pursue under either law or equity, including, without limitation, a cause of action for
specific performance or for damages, a loss to the C~ty, resulting from Consultant's
negligent errors or omissions, or breach of contract, and all such rights and remedies are
Page 5
expressly reserved
B Consultant shall maintain and shall be caused to be an force at all times during the term of
this Agreement, a legally binding policy of professional hablhty Insurance, listed by Best
Rated Careers, with a rating of"A-" or above, issued by an insurance camer approved to
do business in Texas by the State Insurance Commission Such coverage shall cover any
claim hereunder occasioned by the Consultant's negligent professional act and/or error,
act, or omission, in an amount not less than $1,000,000 combined single hm~t coverage
per occurrence In the event of change or cancellation of the policy by the insurer, the
Consultant hereby covenants to immediately notify the City in writing thereof, and in
such event, the Consultant shall, prior to the effective date of change or cancellation,
serve a substitute policy furnishing the same or higher amount of coverage The
Consultant shall provide a copy of the declarations page of such policy to the City
through its Director of Electric of UtflltmS simultaneously with the execution of this
Agreement
IX. Termination of Agreement
A In connection with the work outlined in this Agreement, it ~s agreed and fully understood
by the Consultant that the City may cancel or indefimtely suspend further work hereunder
or terminate this Agreement at any time upon written notice to Consultant, Consultant
shall cease all work and labor being performed under this Agreement Consultant may
terminate this Agreement by giving the City fifteen (15) days written notice that
Consultant is no longer in a position to continue representing the City Consultant shall
invoice the City for all work satisfactorily completed and shall be compensated in
accordance with the terms of this Agreement All reports and other documents, or data,
or work related to the project shall become the property of the City upon termination of
this Agreement
B TLs Agreement may be terminated m whole or in part, in writing, by either party in the
event of substantial failure by the other party to fulfill its obligations under this
Agreement through no fault of the terminating party Provided, however, that no such
termination may be affected, unless the other party is given [1] written notice (delivered
by certified mai1, return receipt request) of intent to terminate, and not less than thirty
(30) calendar days to cure the failure, and, [2] an opportunity for consultation with the
terminatmg party prior to termination
C Nothing contmned herein or elsewhere in this Agreement shall require the City to pay for
any work which is unsatisfactory or which is not submitted in compliance with the terms
of this Agreement
Page 6
X Alternate Dispute Resolution' The Consultant agrees that, if necessary, it
will use its best efforts to resolve any disputes regarding the Agreement through the use of
mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas
Civil Practices and Remedies Code (V A T C S )
XI Entire Agreement' This Agreement represents the entire agreement and
understanding between the parties and any negotiations, proposals, or oral agreements are
intended to be integrated herein and to be superseded by this written Agreement Any
supplement or amendment to this Agreement, in order to be effective, shall be in writing and
signed by the C~ty and the Consultant
XII Com~hanee with Laws. The Consultant shall comply with all federal, state,
local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereafter be amended, including but not limited to the Texas Disciplinary Rules
of Professional Conduct
XIII Governing Law'
For the purpose of determining place of agreement and law governing same, this
Agreement ~s entered into in the City and County of Denton, State of Texas, and shall be
construed m accordance with, and governed by the laws of the State of Texas Venue and
jurisdiction of any suit or cause of action arising under or in connection with this Agreement
shall lie exclusively ~n a court of competent jurisdiction sitting in Denton County, Texas
XIV. Discrimination Prohibited In performing the services required hereunder, the
Consultant shall not discriminate agmnst any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap
XV Personnel'
A Consultant represents that it has or will secure at its own expense all personnel required
to perform the services required under this Agreement Such personnel shall not be
employees nor have any contractual relations with the City Consultant shall inform the
City of any conflict of interest or potential conflict of interest that may arise dunng the
term of this Agreement, in accordance with Consultant's responsibilities under the Texas
Disciplinary Rules of Professional Conduct
B All services required hereunder will be performed by the Consultant or under its direct
supervision All personnel engaged in work shall be qualified and shall be licensed,
authorized, or permitted under state and local laws to perform such services
XVI. AsslgnablllW' The Consultant shall not assign any interest in this Agreement and
shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise)
without the prior written consent of the City thereto
XVII. Severabihty All agreements and covenants contained herein are severable, and
Page 7
~n the event any of them, w~th the exception of those contmned ~n sections headed "Scope of
Servmes", "Independent Contractor Relationship", and "Compensatmn and Method of Payment"
hereof, shall be held to be ~nvahd by any court of competent junsd~ct~on, th~s Agreement shall be
~nterpreted as though such mvahd agreements or covenants were not contmned heretn
XVIII. Responslbdlt~es for Claims and LlablllW Approval by the C~ty shall not
constitute nor be deemed a release of the respons~btl~ty and habthty of the Consultant for the
accuracy and competency of ~ts work, nor shall such approval be deemed to be an assumption of
such respons~bd~ty of the C~ty for any defect ~n any report or other documents prepared by the
Consultant, ~ts shareholders, assocmtes, employees, officers, or agents ~n connection wtth th~s
engagement
XIX Modffieat~on of Agreement No wmver or modfficat~on ofthts Agreement or of
any covenant, condition, or hm~tat~on here~n contmned shall be vahd unless ~n wntmg and duly
executed by the party to be charged therewith No evidence of any wmver or modfficat~on shall
be offered or received ~n ewdence ~n any proceedmg arising between the part~es hereto out of or
affecting th~s Agreement, or the rights or obhgat~ons of the part~es hereunder, unless such wmver
or modfficat~on ~s ~n writing, duly executed as aforesmd The pames further agree that the
prowsmns of thru article w~ll not be wmved as here~n set forth
XX. Captions. The captions of th~s Agreement are for ~nformat~onal purposes only
and shall not ~n any way affect the substantive terms or condmons ofth~s Agreement
XXI Binding Effect. Th~s Agreement shall be b~nd~ng upon and inure to the
benefit of the part~es hereto and their respective he~rs, executors, admxmstrators, legal
representatives, successors, and assigns, where permitted by th~s Agreement
Page 8
IN WITNESS HEREOF, the City of Denton, Texas has executed thxs Agreement in four (4)
original counterparts by and through xts duly authorized Ctty Manager, and Consultant has executed
this Agreement by a~ t~ou~ its duly authorized undersigned Shareholder, dated this the
t/~ ~tk dayof~]~,/~/~-g'~ ,2001
CITY OF DENTON, TEXAS
A Texas Mumcipal Corporation
By ~ er
M~chael Conc~u~ag
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
LLOYD, GOSSELINK, ROCHELLE, BLEVINS,
ROCHELLE, BALDWIN & TOWNSEND, P C
A Texas Professional Corporatmn
By~
// Lamb~
ATTEST
By · ~.' - ' ,'~ _
Page 9
NORTH AMERICAN
SPECIALTY INSURANCE COMPANY
550 Elm Street
Manchester, NH {)3101-2824
(800) 542-9200
LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY
Th s s a claims madp poi cy P ease rev ew the policy carefully The policy Is limited to liability for only those claims
that are first mode against the Insured and reported to the company In writing during the policy period
Policy Number BIL0000022-00
Insured by the stock ihauranca company shown below, Producer's Name and Address
hereinafter called the Company ProTexn, lac 42013-00
North Amerloan Specialty Insurance Company 7557 Rambler Road, Suite 818
Dallas, Texas 75231.2303
DECLARATIONS No.c o =,nc,dsnt .h,ch yo. h bevs may r=ult,n
ITEM 1 Firm Nome and Address' or su~I should be reported to
Lloyd~ Oossellnk, Blevins, Rochelle, Baldwin & Z~orth American SpeelalW Insurance Company
Towrlsend, P C Att. me~ard~or.e
111 Congress Aven us, Suite 1800 The Center Of Ne~ Hampshire, 650 Elm Street
Austlll, Texas 78701 Manchester, NH 03101-2454
Telephone (~00) 634-~226 (603) 634-5236
ITEM 2 Policy Period From May I f 2000 To M;~y 1~ 2002
12 01 a m Standard Time at the address of the Named Insured indicated in Item 1
ITEM 3 Limits of Liability
(a) LIMIT OF LIABILITY PER CLAIM'
The liability of the Company for each Claim
shall not exceed $ 5,000.000
(b) AGGREGATE LIMIT OF LIABILITY
The l~otal I~mit of the Company's habllity
for all claims shall not exceed $ 5~000,000
ITEM 4 Per Claim Deductible $ 25,000
ITEM 5 Aggregate Deductible $ 25~000
ITEM 6 Minimum Deductible $ 12,500
(in aeoordanoe with Insuring Agreement B)
' $ $60.316
ITEM 7 Premium.
ITEM 8 Forms and Endorsements Attached
NAS-PRO-LPL-003 (11199) NAS-PRO-005 (11/99) NAS-PRO-012 (11/99)
NAS-POL-001 (7/98) NAS-PRO-006 (11199)
NAS-PRO-019 (11/99) NAS-PRO-009 (11/99)
NAS-PRO-018 (11/99) NAS-PRO-010 (11/99)
ProTexn, Inc
By
Countersigned Date May 1, 2000 Authorized Representative - President ~/Z~ -
Issue Date May 1, 2000
NAS-PRO-OO2 (11/99) Page 1 of 1