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COOPERATION AGREEMENT REGARDNG LIABILITY COVERAGE

BETWEEN THE ST. LOUIS CITY CIRCUIT COURT AND
THE PUBLIC FACILITIES PROTECTION CORPORATION

This Cooperation Agreement is entered into this 1" day of Juiy, 201 6 by and between the

Pubiic Facilities Protection Corporation (PFPC) and the Circuit Court of the City of St. Louis

(hereinafter "Circuit Couft") individually and coilectively to inciude all former, current, and

fuiure Circult and Associate Circuit Judges. tr,vo (2) Probate Commissioners, one (l) Famil,v

Court Commissioners, fwo (2) Drug Court Commissioners, and ail other employees of the

Circuit Court who do not receive coverage from the State Legal Defense Fund or other coverage

or indemnification provided by the State of \4issouri.

WIT]TIESSETH:

WHEREAS, the City of St. Louis iras established PFPC as an independent corporation

formed for the purpose of establishing a common fi:nd to provide general liability protection to

the City, its agencies and other public entities operating within the City of St. Louis: and

WHEREAS, the Circuit Court did retai.n general iiability insurance rvith private insurers

prior to October 18, 1989 and such insurance protected the Circuit Court r.r'itir respect to all

as:ec:s of its operations including all claims for personal injury.', an1' claims based upon an-v act.

error, or omission of the Circuit Court in its judicial capacity including but not limited to judicial.

ministerial, and administrative acts, and all fees, costs, and expenses incurred in the defense of

any disciplinary or competency proceedings; and

WIIEREAS, PFPC has offered the Circuit Court the opportunity to perticipate in its

Indemnification Fund as a benefit to the Cit.v of St. Louis; and

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WHEREAS,thePFPChasofferedthecircuitcourtltsreasonablechoiceofindependent

counselfbrrepresentationasneededasabenet]ttotheCircuitCourt.

WHE,REAS'thisindemnificationfundisintendedtobea..claimsmade',fund.meaninga
Agreement is in force and
,oclaim,,is first made against an indemnitee while this Cooperation
an oral or uritten
thereafter' A "claim" is defined'as
reported to PFPC r.r,ithin a reasonablc time
judicial or administrative
damages, including any
cenand tor monetar), or non-monetaly

:'-:'< ?i :J-r-rne; iiesc:iced in:aragrap'r 2'

WHEREAS'itistheintentionofPFPCandtheCircuitCourttoenterintoasubstantially
expiration of this Agreement'
similar Cooperation Agreement upon

Now,TFIEREFORE,inconsiderationofthetnutualbenefitsflowingeachtotheother,

the parties do agree to the following:

i.TheCircuitCourtshallparticipateinPFPC,slndemnificationFundforaterm
per Judicial officer or
6 through June 30,201',7 at an annual cost of $800
beginning July 1, 201
charge for the nonjudicial
in the aggregate' There shall be no additional
s28,800.00 annually

employees covered by this agreement'

2'ThePFPCshalidefendandindemnifyonbehalfofeachander,erypersonwhowas,or
in this
be a member of the circuit court or any ciaim as defined
norv is. or ma.v herea{ler
.aniarr.ful or lr.rongfui act, inciuding lliiihout
improper.
agreement.Dv reasoir oianl,alieged

limitation)breachofduty,gerror,prejudice,corrflictofinterest,bias,harassment'

misstatement,misleadingstatement,sgorotheractdoneorwrongfullyattempted,inan-v
code of Judiciai conduct and
as ciefined in the Missouri
way related to their judicial capacities

employees covered by this "*'"t*t"

t"l inaCti-ons
shall indemniff tire nonjudicial ""il""t "i
judgments' settlements'
scope and course of their employment; for damages,
taken within the

2
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costs, cha-rges or expenses incurred in connection with the defense of the above actions, suits, or

proceedings or any appeal therefrom to which the Circuit Court and/or its judge(s) and/or

I nonjudicial employee(s) may be a party and to include all fees, costs, and expenses incurred itr

the defense of any disciplinary or competency hearing arising from their judicial capacit-v or

from a nonjudicial empioyee's course and scope of his employrnent as defined above. Such

defense and indemnification for disciplinary and competenc-y issues is to begin.when the Judicial

-,:::;e::e:3:\'es io::;e c: a;on':.p.arni:iom tne con::nrssion on R-ettremenl. Removai or

Discipline of Juoges [Judicial Commission], or when the noniudicial employee receives any tvpe

,./,,,\,l, ,
of formal notice.

-. 3, Notwithstanding any other provision of this agreemtsnt, the Circuit Court agrees anci

B\ acknowledges that PFPC shall not defend claims against the Circuit Court which are covered

under $$ 105.711thru 105j26 RSMo. Further, the Circuit Court agrees and acknowledges that

PFPC shall not make payment of any sums as adjudicated due or agreed to by settlement of
%s claims covered under $$105.711 thru 105.726 RSMo.

4. PFPC shail not indemnify or defend a person who was or now is or may hereafter be a

member of the Circuit Court as defined in this agreement for extrajudicial or inappropriale
t^\.
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-,
ILi political activities as defined in the N4issouri Code of Judicial Conduct fRule 2.03 Cannons 4

4lrr.l J l.

5. PFPC shall consider requests ofjudicial officers for a private attorney to represcnt him

or her on a claim, and PFPC shall not unreasonably withhoid the approval of such aftomey so

long as the rates charged by such attorney are the approxin-rate average ratcs charged in the St.

Louis region for the nature and type of representation.

 6. The Circuit Court shail refer all claims made for payment from the Indemnification

Fund to the City Counselor's Office. City of St, Louis, to the attention of: Nancy R. Kistier,

President, Pubiic Facilities Protection Corporation, or her successor.

7. PFPC agrees to defend the Circuit Court from ali claims against the Circuit Courl arrd

to make payment of such sums as are adjudicated due or agreed to by settlement. PFPC and the

Circul: Court agree that the individual Judge must consent to any settlement of a claim against

:---:: .:tr:" -:;.-. ::: suc].'l co::se:ll ;alt-a..-: t3 'Jnieasonabir ri'itir-heic.

8. If an.v- ciaims are pending against the Twenty-Second Judicial Circuit Cou(, or any of

its judges or commissioners or nonjudicial covered employees, then, on the last day of each

month beginning July, 2016, and continuing everli month fcrr the tenn of this Agreemcnt, PFPC

shallprovide the Presiding Judge of the 22nd Judicial Circuit with a list of the status of all claims

made under the Circuit Court's plan whether sush claims are paid, pending, refused or settled.

After the expiration of this Agreement, PFPC shall provide such reports on a bi-monthly basis

until all judicial ciaims have been settled. PFPC agrees to provide the Circuit Court. on an

annuai basis, with an accounting of all funds and assets held by PFPC, the status of any

reinsurance to cover excess claims, all payments made on judicial claims since the prior report

and the status of judicial claims pending. The Cooperation Agreement u'ith the Public Facilities

Plo:ection Corporation does not and rs not rntencieci to be a u'aii'er of sovereisn inmurlitr'.
 9. Ail notices required by this Agreement shall be sent or given to:

Presiding Judge
City of St. Louis Circuit Coun
10 North Tucker Boulevard
I St. Louis, Missouri 63101

With a notice copy to:

Court Administrator
Civil Courts Buiiding
i 0 North Tucker Boulevard
St. Louis, \,iissoun 63 i0i

For the Public Facilities Protection Corporation:

Nancy R, Kistler, President

Public Facilities Protection Corporation
City Hall, Room 314
1200 Market Street
St, Louis, Missouri 63103

IN WITNESS WHEREOF, we set our hands the date first written above.

CITY OF ST. LOUIS CIRCUIT

PUtsLiC F.{CiLiTIES PROTECTIO\ CORPOR.ATIO\

Nancv R. Ki