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Home My WebLink AboutOLIVER, TERESE S. - 2012N- 2012 -022 LEGAL SERVICES AGREEMENT CAC (L6 Jo S:E!p1 This AGREEMENT, made and entered into this 6`h day of March, 2012 by and between the .SAmKa Terese S. Oliver (hereinafter "Attorney "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City"). RECITALS A. City desires to employ Attorney to assist the City Attorney in the provision of legal services to the City; and B. Attorney represents that she is licensed to practice law in the State of California, has special experience and knowledge in the field of traffic infraction enforcement, and desires to undertake said employment. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. EMPLOYMENT OF ATTORNEYS. City hereby agrees to and does employ Attorney, for the compensation hereinafter specified, to assist the City Attorney in transactional and litigation services related to traffic infraction enforcement matters when and as requested by the City Attorney to do so. Attorney accepts said employment and agrees to perform, in timely and efficient manner all such services as may be requested by the City Attorney. Attorney shall confirm her acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED. A. FEES City agrees to compensate Attorney, and Attorney agrees to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at the rate of $90.00 per hour. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorney for out -of- pocket expenses authorized by the City Attorney in connection with the performance of duties under this Agreement. Attorney shall be responsible for parking fees incurred in her performance of services. 3. METHOD OF PAYMENT Attorney shall submit a statement monthly, specifying the services performed, dates and number of hours, itemization of expenses related thereto. 4. CONTROL OF LEGAL MATTERS Attorney agrees that each and every matter or proceeding in which she undertakes to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that she shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorney informed of all significant developments in matters relating to any representation undertaken by Attorney. Attorney further agrees, if and when her employment hereunder is terminated by City, as hereinafter specified, she shall return to City Attorney any and all files then in her possession concerning each and every matter or proceeding in which she represented the City pursuant to this Agreement. 5. ATTORNEYS INDEPENDENT CONTRACTORS. It is mutually agreed by and between the parties that, in the performance of her covenants hereunder, Attorney is and shall be an independent contractor, and not an officer or employee of City. 6. INSURANCE Attorney shall provide proof to the City Attorney of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorney fails or refuses to produce and maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Attorney's right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Attorney agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorney's negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorney receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorney agrees that she shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care she uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorney covenants that she presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 telefacsimile (714) 647 -6956 Courtesy Copies to: City Attorney C/O Office of the City Attorney City of Santa Ana 20 Civic Center Plaza. (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 2 To Attorneys: Terese S. Oliver 17822 E. 17th Street, Suite 205 Tustin, California 92780 Telefacsimile (714) 997 -7742 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorney, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorney. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorney nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorney, Attorney may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorney shall be entitled to receive and the City shall pay Attorney compensation for all services performed by Attorney prior to receipt of such notice of termination. As a condition of such payment, Attorney shall deliver to the City all files and records generated under this Agreement as of such date. Attorney may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorney may be involved. 14. DISCRIMINATION Attorney shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further 3 agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16.MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. 11luizar Clerk of the Council APPROVED AS TO FORM: 14z'� Interim City Attorney El CITY OF SANTA ANA u Paul M. Walters Interim City Manager TERESE S. OLIVER 1-r BY: , W44 S . Terese S. Oliver Tax ID No. -5 (!3 —q'4� -5S'g77 LAWYERS' MUTUAL INSURANCE COMPANY PROFESSIONAL LIABILITY POLICY THE DECLARATIONS POLICY NUMBER : LPLA13004 1. NAMED INSURED AND ADDRESS: LAW OFFICES OF TERESE S. OLIVER INDIVIDUAL 17822 17TH STREET, SUITE 205 TUSTIN, CA 92780 2. LAWYERS WHO ARE PARTNERS OF, STOCKHOLDERS IN, OR EMPLOYEES OF THE NAMED INSURED: SEE SCHEDULED LAWYERS ENDORSEMENT ATTACHED 3. PREDECESSOR FIRM: NONE 4. EFFECTIVE DATE OF THIS POLICY: 04 -05 -2011 12:01 A.M. PACIFIC STANDARD TIME 5. EXPIRATION DATE OF THIS POLICY: 04 -05 -2012 12:01 A.M. PACIFIC STANDARD TIME 6. POLICY PREMIUM: $600 7. LIMITS OF LIABILITY: LIMIT OF LIABILITY EACH CLAIM 100,000 LIMIT OF LIABILITY POLICY AGGREGATE 300,000 DEDUCTIBLE (CLAIMS EXPENSES & DAMAGES): 5,000 - SEE POLICY PROVISIONS FOR FULL DESCRIPTION - 8. FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY: FORM 1 REVISED 6/87 SLE TRIA -2002 SPAE THESE DECLARATIONS, FORM 1 REVISED 6/87 AND ENDORSEMENTS AS LISTED IN ITEM 8 ABOVE, CONSTITUTE THIS POLICY, NUMBERED ABOVE. LAWYERS' ��AjSURAN� C MP DATE OF TRANSACTION: 04 -19 -2011 BY LPL -N Rev. 8/1997 -, "fo -FOW ' joseP tS ra A ttoroey Assistant City SLE SCHEDULED LAWYERS ENDORSEMENT THE DECLARATIONS ARE BASED ON THIS SCHEDULE OF PARTNERS OF, SHAREHOLDER IN, OR LAWYERS EMPLOYED BY THE NAMED INSURED EFFECTIVE 12 :01 A.M. PACIFIC STANDARD TIME AS FOLLOWS: DATE COVERAGE EFFECTIVE DATE COVERAGE CANCELLED SCANLON, TERESE S. 04 -05 -2011 ---- -7 LAWYER ' ;MUTUAL I<Sl - OM BY ENDORSEMENT EFFECTIVE DATE: 04 -05 -2011 ATTACHED TO AND FORMING A PART OF POLICY NO.: LPLA13004 PAGE 1 OF 1 LAWYERS' MUTUAL INSURANCE COMPANY P.O. BOX 10996, BURBANK, CALIFORNIA 91510 -0996 3110 W. EMPIRE AVENUE, BURBANK, CALIFORNIA 91504 -3107 (818) 565 -5512 OR (800) 252 -2045 PROFESSIONAL LIABILITY INSURANCE MAP R LAW OFFICES OF TERESE S. OLIVER RNL OF POLICY.: LPLA13004 17822 17TH STREET, SUITE 205 STATEMENT NO..: QA315008 TUSTIN, CA 92780 RENEWAL DATE..: 04 -05 -2012 ANNUAL PREMIUM $ 720 LONGEVITY EXPERIENCE CREDIT $ 50 ADJUSTED ANNUAL PREMIUM TOTAL AMOUNT DUE $ 670 $ 670 TO FINANCE YOUR PREMIUM REMIT DOWN PAYMENT OF $ 67.00 Make check payable to Lawyers' Mutual Insurance Company i i i LIMITS OF LIABILITY LIMIT OF LIABILITY EACH CLAIM $ 100,000 LIMIT OF LIABILITY POLICY AGGREGATE $ 300,000 DEDUCTIBLE - (CLAIMS EXPENSES & DAMAGES) $ 5,000 A RENEWAL POLICY WILL NOT BE ISSUED UNLESS WE RECEIVE AND APPROVE PRIOR TO YOUR RENEWAL DATE, (1) A COMPLETED AND SIGNED RENEWAL UPDATE REQUEST AND A COPY OF THE LETTERHEAD USED BY THE NAMED INSURED AND ANY LAWYERS TO BE INSURED, AND (2) WE RECEIVE PRIOR TO YOUR RENEWAL DATE THE TOTAL AMOUNT DUE OR DOWN PAYMENT AS SHOWN ABOVE. IF YOU HAVE SELECTED TO PAY YOUR PREMIUM IN INSTALLMEMTS, YOU WILL BE BILLED FOR THE FIRST OF NINE MONTHLY INSTALLMENTS OF $67.00 WITHIN 30 DAYS OF YOUR RENEWAL DATE. SEE NEXT PAGE FOR RENEWAL UPDATE REQUEST AND LIST OF LAWYERS TO BE INSURED Mitre - Ramirez, Norma From: Straka, Joseph Sent: Monday, March 12, 2012 11:00 AM To: Mitre - Ramirez, Norma Subject: RE: Terese S. Oliver Yes. Thanks Norma. Joe From: Mitre - Ramirez, Norma Sent: Monday, March 12, 2012 10:29 AM To: Straka, Joseph Subject: Terese S. Oliver Good Morning Joe, The attached agreement with Terese S. Oliver does not have the "not to exceed" amount. Will it be not to exceed 25K? Norma Mitre Senior Deputy Clerk of the Council Clerk of the Council Office 20 Civic Center Plaza, M -30 P.O. Box 1988 Santa Ana, CA 92702 T: (714) 647 -6520 F: (714) 647 -6956 www.santa- ana.org N( +a ` 1 04r1Or2072 08:56 Lawyers Mutual Insurance Company (FAXj P . O02f 002 /(i - 2�/2 -O2Z- LAWYERS ' MUTUAL 2NSURANCE CO P, °7-�'NX � ,, � �_• PROFESS2ONAL L2A82L2TY POL�C, ".- -' ' ;1;' THE DECLARATIONS �_: z.. <.; :.- POLICY NUMBER LPL813004 RNL. OF FOL. NO.: LPLA13004 1_ NAMED YNSURED AND ADDRESS: LAW OFFICES OF TERESE S. OLIVER 2NDYVIDVAL 17822 17TH STREET, SUITE 205 TUSTYN, CA 92780 2. LAWYERS WHO ARE FARTNERS OF, STOCKHOLDERS 2N, OR EMFLOYEES OF THE NAMED YNSURED: SEE SCHEDULED LAWYERS ENDORSEMENT ATTACHED 3. PREDECESSOR FYRM: NONE 9. EFFEC'T'IVE DATE OF THIS POLICY: 04 -05 --2012 x.2:01 A.M. PACYFIC STANDARD TIME S. EXPIRATION DATE OF THIS POLICY: 04 -OS -2013 12:p1 A.M. PACYFIC STANDARD TIME 6. POLICY PREMIUM: $`1,265 7. LIMITS OF LIABILITY: LIMIT OF LIA$ILYTY EACH CLAYM 100,000 LIMIT OF LYAB2LITY POLICX AC3GREGATE 300,p00 DEDUCTIBLE (CLAIMS EXPENSES & DAMAGES): 5,000 - SEE POLICY PROVISIONS FOR FULL DESCRSPTION - 8. FORMS AND ENDORSEMENTS FORMYNG A PART OF THIS POLICY: FORM 1 REVISED 6/87 SLE SPAS TRIA -2002 THESE DECT•aRaTIONS, FORM 1 REVISED 5/87 AND ENDORSEMENTS AS LYSTED IN 2TEM 8 ABOVE, CONSTITUTE THYS POLICY,: NUMBERED AFB +OVE. LAWYERS' MUTU �E COM DATE OF TRANSACTION : O � - 04 - 2 O 12 BY »�"�'• ""� y"�� LPL -R Rav• 9/1997 r�92 i 04/16/2013 10: 15 Lawyers Mutual Insurance Company (FAX) 8.002/002 FP PtTYi S' MUTUAL INSURANCE COMPANY PRbFESSIONAL LIABILITY POLICY fi`'' THE DECLARATIONS POLICY NUMBER : LPLCI3004 RNL, OF POL. NO.: LPLB13004 1, NAMED INSURED AND ADDRESS: LAW OFFICES OF TERESE S. OLIVER INDIVIDUAL 17822 17TH STREET, SUITE 205 TUSTIN, CA 92780 2. LAWYERS WHO ARE PARTNERS OF, STOCKHOLDERS IN, OR EMPLOYEES OF THE NAMED INSURED: SEE SCHEDULED LAWYERS ENDORSEMENT ATTACHED PPRO ED AS`9F®Ff3lltA 3. PREDECESSOR FIRM: -- - NONE Laura A. Rossini Assistant City Attorney 4. EFFECTIVE DATE OF THIS POLICY: 04 -05 -2013 12;01 A,M, PACIFIC STANDARD TIME 5. EXPIRATION DATE OF THIS POLICY: 04 -05 -2014 12:01 A.M. PACIFIC STANDARD TIME 6. POLICY PREMIUM: $740 7, LIMITS OF LIABILITY: LIMIT OF LIABILITY EACH CLAIM 100,000 LIMIT OF LIABILITY POLICY AGGREGATE 300,000 DEDUCTIBLE (CLAIMS EXPENSES & DAMAGES): 5,000 - SEE POLICY PROVISIONS FOR FULL DESCRIPTION - 8, FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY: FORM 1 REVISED 6/87 SLR SPAE TRIA -2002 THESE DECLARATIONS, FORM 1 REVISED 6/87 AND ENDORSEMENTS AS LISTED IN ITEM 8 ABOVE, CONSTITUTE THIS POLICY, NUMBERED ABOVE, LAWYERS' UTUAL.!fi%1'S�(3RA V�CE COMPANY DATE OF TRANSACTION: 04 -08 -2013 LPL -R Rev. 8/1999 RECEIVE: N0.1756 04/16/2013/TUE 10:16AM CERTIFICATE OF INSURANCE Issued By: LAWYERS' MUTUAL .r INSURANCE COMPANY ;I: his $�to_'vprtify that the Professional Liability policy designated below has been issued to the insured °attorney or attorney firm named below and is in force at this time. Should the described policy be canceled cbefore ,the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the — 5elow, named certification holder, but failure to mail such notice shall impose no obligation or liability of °any kind upon the company. vn 1. Nam�jmd a$3r&-� of party to whom this certificate is issued 2. Name and address of insured attorney or attorney firm f ,D CITY OF SANTA ANA LAW OFFICES OF TERESE S. OLIVER 17822 17`h Street, Suite 205 Tustin, CA 92780 4. Limits of Liability 5. Policy Number 6. Policy Period Lawyers $ 100,000 each claim LPLC13004 04/05/13 TO 04/05/14 Professional Liability $ 300,000 aggregate $ 5,000 deductible *Policy is effective and expires at 12:01 a.m., standard time at the address of the named insured as stated herein. This is a "Claims- Made" policy. The coverage afforded by this policy is limited to Claims arising from the performance of Professional Services which are first made against the Insured and reported in writing to the Company while the policy is in force. This certificate of insurance neither amends, extends nor alters the insurance afforded by the policy designated above. The insurance afforded is subject to all of the terms of the policy, including endorsements, applicable thereto. AV 09/09/13 A ROVED AS TO FORM Laura A. Rossini Assistant City Attorney LAWYERS' MUTUAL INSURANCE COMPANY 3110 West Empire Avenue • Burbank, CA 91504 1J' 2Q 12 ` �-' 22 Ya Gros�N CERTIFICATE OF INSURANCE Issued By: 20111 FT1 12 PM 1: 114 LAWYERS' MUTUAL,.. INSURANCE COMPANY.-.;.,�. This is to certify that the Professional Liability policy designated below has been issued to the insured attorney or attorney firm named below and is in force at this time. Should the described policy be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the below named certification holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. 1. Name and address of party to whom this certificate is issued 2. Name and address of insured attorney or attorney firm City Of Santa Ana Peggy No 20 Civic Center Plaza, M29 Attorney At Law Santa Ana, CA. 92702 2011 W. Katella Ave., #21 Anaheim, CA. 92804 4. Limits of Liability 5. Policy Number 6. Policy Period Lawyers $ 100,000 each claim SSPA03531 01/13/14 to 01/13/15 Professional Liability $ 300,000 aggregate $ 1,000 deductible *Policy is effective and expires at 12:01 a.m., standard time at the address of the named insured as stated herein. This is a "Claims- Made" policy. The coverage afforded by this policy is limited to Claims arising from the performance of Professional Services which are first made against the Insured and reported in writing to the Company while the policy is in force. This certificate of insurance neither amends, extends nor alters the insurance afforded by the policy designated above. The insurance afforded is subject to all of the terms of the policy, including endorsements, applicable thereto. IPROVRD) AS TO FO t J i Laura A. Rossini Assistant City Attorney AV 01/05/12 LAWYERS' MUTUAL INSURANCE COMPANY 3110 West Empire Avenue . Burbank, CA 91504 N- L20 /oz- 002a LAWYERS' MUTUAL INSURANCE COMPANY PROFESSIONAL LIABILITY POLICY THE DECLARATIONS 1. NAMED INSURED AND ADDRESS: LAW OFFICES OF TERESE S. OLIVER INDIVIDUAL 17822 17TH STREET, SUITE 205 TUSTIN, CA 92760 POLICY NUMBER : LPLD13004 RNL. OF POL. NO.: LPLC13004 2. LAWYERS WHO ARE PARTNERS OF, STOCKHOLDERS IN, OR EMPLOYEES OF THE NAMED INSURED: SEE SCHEDULED LAWYERS ENDORSEMENT ATTACHED 3. PREDECESSOR FIRM: NONE 4. EFFECTIVE DATE OF THIS POLICY: 04 -05 -2014 12:01 A.M. PACIFIC STANDARD TIME 5. EXPIRATION DATE OF THIS POLICY: 04 -05 -2015 12:01 A.M. PACIFIC STANDARD TIME 6. POLICY PREMIUM: 7. LIMITS OF LIABILITY: LIMIT OF LIABILITY EACH CLAIM 11000,000 LIMIT OF LIABILITY POLICY AGGREGATE 3,000,000 DEDUCTIBLE (CLAIMS EXPENSES & DAMAGES): 5,000 - SEE POLICY PROVISIONS FOR FULL DESCRIPTION - 8. FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY: FORM 1 REVISED 6/87 SLE SPAR TRIA -2002 $1,578 THESE DECLARATIONS, FORM 1 REVISED 6/87 AND ENDORSEMENTS AS LISTED IN ITEM 8 ABOVE, CONSTITUTE THIS POLICY, NUMBERED ABOVE. LAWYERS' MUTUAL INSURANCE COMPANY' DATE OF TRANSACTION: 04 -14 -2014 BY .. LPL -R Rev. 8/1997 SLE SCHEDULED LAWYERS ENDORSEMENT THE DECLARATIONS ARE BASED ON THIS SCHEDULE OF PARTNERS OF, SHAREHOLDER IN, OR LAWYERS EMPLOYED BY THE NAMED INSURED EFFECTIVE 12:01 A.M. PACIFIC STANDARD TIME AS FOLLOWS: DATE COVERAGE EFFECTIVE DATE COVERAGE CANCELLED OLIVER, TERESE S. 04 -05 -2011 LAWYERS .'• MUTUAL INSURANC4 ,QOMPANY BY _.. ENDORSEMENT EFFECTIVE DATE: 04 -05 -2014 ATTACHED TO AND FORMING A PART OF POLICY NO.: LPLD13004 PAGE, 1 OF 1